Legal Opinion

Bernstein v. Ems Corp.

Court of Appeals for the Second Circuit

Decided May 24, 1949No. 191, Docket 21247PublishedCited by 4 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This is a negligence action to recover for personal injuries sustained by the plaintiff through the fall of an electric lighting fixture while he was a business visitor in the store of Olian & Cantor. They were in possession of the store under a lease from Ems Corp., owner of the building in part of which the store was located. The lighting fixture was attached to a ceiling beam. When Mr. Olian pulled the switch cord to turn on the light, the entire fixture fell and part of it, together with pieces of plaster from the ceiling, struck the plaintiff, causing the injuries…

2Cases cited4 opinions

  1. Cullings v. GoetzNew York Court of Appeals · 1931
  2. Hirsch v. . RadtNew York Court of Appeals · 1920
  3. Bernstein v. OlianDistrict Court, S.D. New York · 1948
  4. Kramer v. StoneAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by4 opinions

  1. James P. Merchant v. Philip Henry RuhleCourt of Appeals for the First Circuit · 1984
  2. Suber v. Alaska State Bond CommitteeAlaska Supreme Court · 1966
  3. Hamm v. RamunnoSupreme Court of Delaware · 1971
  4. Morgan v. Consolidated Rail Corp.District Court, S.D. New York · 1980

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