Brunengraber v. Firestone Tire & Rubber Co.

McLEAN, District Judge.

This action was begun in the New York Supreme Court, Westchester County, and was removed by the defendant to this court. Plaintiff, a New York resident, seeks to recover from defendant, an Ohio corporation, damages for personal injuries, i. e., a fractured left kneecap, sustained by him when he tripped and fell over a jack handle in defendant’s service station. For the most part the facts are not in dispute. I find them to be as follows:

Defendant occupies premises at 316 Huguenot Street, New Rochelle, New York. It uses part of the premises as a retail store for the sale…