Legal Opinion

Dunn v. City Bank Farmers Trust Co.

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

Decided May 23, 1950Published

1Opinion of the Court

We find that the trial court erred in dismissing the complaint. Under the theory upon which the case was submitted to the jury the verdict might properly have been set aside as against the weight of the evidence. Upon the proof we find that a jury question was presented as to whether under the circumstances of this ease, including the unusually heavy snowstorm, defendant’s servant was negligent in creating any additional danger in the manner in which she .shoveled the pathway and disposed of the removed snow on the sidewalk and whether that negligence was the proximate cause of the accident.…

2Cases cited1 opinion

  1. Dunn v. City Bank Farmers Trust Co.New York Supreme Court · 1949

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