Legal Opinion

Cook v. Great Atlantic & Pacific Tea Co.

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

Decided March 13, 1935PublishedCited by 8 opinions

1Opinion of the CourtCrosby, J.

Plaintiff, Mrs. Cook, has recovered a verdict

against defendant for $285, and her husband has a verdict for $500. The verdicts grow out of an injury which Mrs. Cook received by slipping and falling on the floor of defendant’s store. Taken at its best, and disregarding the evidence produced by defendant, Mrs. Cook’s testimony supports a finding that she slipped on some cottage cheese that had dripped onto the floor from an over-filled pan of cottage cheese that was standing on a counter near an aisle along which she walked in a careful manner.

The duty of defendant was to keep the premises, to…

2Cases cited5 opinions

  1. Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
  2. Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
  3. Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
  4. Mona v. ErionAppellate Division of the Supreme Court of the State of New York · 1928
  5. Burke v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by8 opinions

  1. De Baca v. KahnNew Mexico Supreme Court · 1945
  2. Jones v. New Mexico School of MinesNew Mexico Supreme Court · 1965
  3. Bransfield v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1965
  4. Katcher v. Ideal Tennis, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
  5. Stengel v. Louis' Cafeteria, Inc.Appellate Division of the Supreme Court of the State of New York · 1959

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