Pfannenstiel v. Luckey, Platt & Co.

Judgment and order reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The court is of opinion that it was error to admit testimony of the prior accident. Lazansky, P. J., Carswell and Scudder, JJ., concur; Rich and Hagarty, JJ., dissent, with the following memorandum: Plaintiff, aged five years, was injured in defendant’s department store by a washing machine in which his hand was caught, and to which he was attracted, in the absence of the demonstrator, by the agitation of the water. The age of the child, the natural attractiveness of the…