Legal Opinion
Hetzel v. Buffalo Cemetery Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1962PublishedCited by 2 opinions
1Opinion of the CourtGoldman, J.
While accompanying his family on a visit to their plot in defendant’s cemetery, the infant plaintiff, just under four years of age, suffered a broken leg from the falling *582of a statue from a monument located about 30 feet from the family grave. The jury returned a verdict of no cause of action. The only issue is the adequacy and correctness of the charge.
The court charged that ‘ ‘ if you find the statue of the angel fell because Kenneth the infant put his hands on it * * # * then this defendant is not responsible ”. This was tantamount to directing a verdict of no cause of action, for the only…
2Cases cited6 opinions
- Collentine v. City of New YorkNew York Court of Appeals · 1938
- Bowers v. City Bank Farmers Trust Co.New York Court of Appeals · 1940
- Tierney v. New York Dugan Bros., Inc.New York Court of Appeals · 1942
- Levine v. City of New YorkNew York Court of Appeals · 1955
- Dutton v. Greenwood Cemetery Co.Appellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- DeMarco v. BansalDistrict Court, S.D. New York · 1993
- Koppel v. Hebrew Academy of Five TownsAppellate Division of the Supreme Court of the State of New York · 1993