Korngold v. Lenox Baths
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Aaron Korngold against the Eenox Baths. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
1Opinion of the CourtBijur, J.
Plaintiff sued to recover damages for personal injuries sustained by slipping upon a certain wooden bench in the steam room of defendant’s baths.
The defendant properly offered to prove by a man who had been employed for many years in a number of baths the custom (or more correctly speaking, the practice) in respect of using matting to cover such or similar benches. The objection to this testimony on the ground that it was “incompetent, irrelevant and immaterial” was sustained. No specific objection was taken with respect of the competency of the witness to prove the general practice. The…
2Cases cited4 opinions
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- Weller v. . Consolidated Gas Co.New York Court of Appeals · 1910
- Egelston v. . the New York, Chicago and St. Louis Rd. Co.New York Court of Appeals · 1912