Simpson v. Rourke
New York Court of Common Pleas
Appeal from Eleventh district court. Action by Louis M. Simpson against Cornelius W. Rourke. Judgment was rendered in favor of defendant by the justice without a jury, and plaintiff appeals.
1Opinion of the CourtBisghoff, J.
This action was brought to recover the value of an overcoat alleged to have been lost from the defendant’s restaurant at a time when plaintiff was upon the premises as a customer. The justice determined the issues in favor of the defendant, and, we think, correctly, since the evidence supports a fair inference that the latter was not chargeable with negligence in his manner of caring for the apparel of persons patronizing his establishment. A restaurant keeper is not an insurer of the effects of customers who may have accepted the invitation held out by him, but, at most, is required to use…
2Cases cited1 opinion
- Buttman v. DennettNew York Court of Common Pleas · 1894
3Cited by4 opinions
- Pattison v. HammersteinAppellate Terms of the Supreme Court of New York · 1896
- Montgomery v. LadjingAppellate Terms of the Supreme Court of New York · 1899
- Block v. SherryAppellate Terms of the Supreme Court of New York · 1904
- Weinberg v. D-M Restaurant Corp.New York Court of Appeals · 1981