Duncan v. International Committee of Young Men's Christian Associations
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, International Committee of Young Men’s Christian Associations, from a j udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerkof the county of New York on the 21st day of April, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of April, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Scott, J. (dissenting):
I am unable to concur in the affirmance of the judgment appealed from. There is no doubt that the plaintiff was injured and, if he is entitled to recover any damages at all, the verdict in his favor is not unreasonably large.
The difficulty I find is that, as I read the evidence and understand the law, the plaintiff failed to prove a cause of action for any damages at all.
The plaintiff was a visitor at the association building in Brooklyn. It is conceded that he was an invitee and that defendant owed him the duty of ordinary care. (Hart v. Orennell, 122 N. Y. 371.) He…
2Cases cited6 opinions
- Hart v. . GrennellNew York Court of Appeals · 1890
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- United States Printing & Lithograph Co. v. PowersAppellate Division of the Supreme Court of the State of New York · 1916
- Eaton v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Ryan v. Cortland Carriage Goods Co.Appellate Division of the Supreme Court of the State of New York · 1909
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