Legal Opinion

Jean v. Algonquin Hotel Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1938PublishedCited by 2 opinions

1Opinion of the CourtTownley, J.

This action was brought to recover damages for personal injuries claimed to have been sustained by the plaintiff when she fell at the entrance of the Algonquin Hotel, in the city of New York, on December 22, 1934. Plaintiff won a substantial verdict, but two errors arising during the conduct of the case require a reversal and a new trial.

The court allowed an expert witness to testify that the maintenance of a steel plate in the condition in which he saw it was not considered good practice in the industry. The testimony ran as follows:

“ Q. Now, is it, according to that practice, good practice…

2Cases cited4 opinions

  1. Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
  2. People v. PolsteinAppellate Division of the Supreme Court of the State of New York · 1918
  3. People v. . PolsteinNew York Court of Appeals · 1919
  4. Nelson v. YoungAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Clark v. Iceland Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1958
  2. Jean v. Algonquin Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1939

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