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Jones v. Poinciana Realty Corporation

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1944
268 App. Div. 877 (N.Y. App. Div. 1944)

Opinion

October 23, 1944.


Defendant, the owner of an apartment house, appeals from a judgment in favor of one of its tenants for personal injuries sustained through being scalded while in his bathtub. Judgment reversed on the law and a new trial granted, with costs to abide the event. It was error for the trial court to receive, over objection, opinion testimony to the effect that the sudden gush of scalding water which caused plaintiff's injuries could have been caused by the sudden drawing off of a large quantity of cold water by other tenants in the house, or by the sudden clearing up of a clogged condition in plaintiff's hotwater pipe. That testimony was without factual support in the evidence and was prejudicial. ( White v. Prudential Insurance Co., 120 App. Div. 260, 263; Harrison v. N.Y.C. H.R.R.R. Co., 195 N.Y. 86, 90, 91.) The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions were it not for the error alluded to. Close, P.J., Hagarty and Carswell, JJ., concur; Aldrich, J., votes to reverse on the facts and to grant a new trial, with costs to abide the event, on the ground that the verdict is against the weight of the evidence; Lewis, J., not voting.


Summaries of

Jones v. Poinciana Realty Corporation

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1944
268 App. Div. 877 (N.Y. App. Div. 1944)
Case details for

Jones v. Poinciana Realty Corporation

Case Details

Full title:EDMUND H. JONES, Respondent, v. POINCIANA REALTY CORPORATION, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 23, 1944

Citations

268 App. Div. 877 (N.Y. App. Div. 1944)

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