Kyff v. Grand Central Wicker Shop, Inc.

The court is unanimously of the opinion that no

negligence was proved against defendant Arena, and the majority conclude that no case for submission to the jury as against defendant Grand Central Wicker Shop, Inc., was presented. The only inference permissible is that the plaintiff’s intestate heard the driver cry out, “ Get off,” and his companion call out, “ Cheese it.” The intestate, hanging on to the left-hand comer of the tailboard of this large moving van, neither saw nor could have seen the helper descend from the front of the van and proceed along its right-hand side. Evidently…