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Duffy v. Owen A. Mandeville, Inc.

Court of Appeals of the State of New York
Jun 25, 1958
152 N.E.2d 669 (N.Y. 1958)

Opinion

Argued May 5, 1958

Decided June 25, 1958

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL W. EAGER, J.

James Dempsey, William C. Mattison, Thomas Grimes and Bartholomew A. Moynahan for appellants.

Patrick E. Gibbons for Owen A. Mandeville, Inc., respondent.

Henry J. Smith for William S. Malarick, respondent.


Questions of fact are presented by the evidence concerning which defendant or both had possession and control of the premises where plaintiff wife fell at the time of her injury, whether either of the defendants or both of them be chargeable with negligence and whether plaintiff Susanna J. Duffy was free from contributory negligence.

The judgments appealed from should be reversed and a new trial granted, with costs to abide the event.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

Judgments reversed, etc.


Summaries of

Duffy v. Owen A. Mandeville, Inc.

Court of Appeals of the State of New York
Jun 25, 1958
152 N.E.2d 669 (N.Y. 1958)
Case details for

Duffy v. Owen A. Mandeville, Inc.

Case Details

Full title:HUGH A. DUFFY et al., Appellants, v. OWEN A. MANDEVILLE, INC., et al.…

Court:Court of Appeals of the State of New York

Date published: Jun 25, 1958

Citations

152 N.E.2d 669 (N.Y. 1958)
152 N.E.2d 669
177 N.Y.S.2d 713

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