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Kemble v. Roth-Schenker Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1953
281 App. Div. 955 (N.Y. App. Div. 1953)

Opinion

April 7, 1953.

Present — Peck, P.J., Dore, Cohn and Callahan, JJ.


The hole into which plaintiff's leg plunged was, according to his testimony, full of mud and water. It was evidently not discoverable as a hole at the time, and there was no showing as to how long it had existed or that it had existed for a sufficient length of time that, in the exercise of reasonable care, the defendant should have learned of the condition. Judgment unanimously reversed, with costs to the appellant, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs.


Summaries of

Kemble v. Roth-Schenker Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1953
281 App. Div. 955 (N.Y. App. Div. 1953)
Case details for

Kemble v. Roth-Schenker Corp.

Case Details

Full title:JOHN KEMBLE, Respondent, v. ROTH-SCHENKER CORP., Appellant

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

Date published: Apr 7, 1953

Citations

281 App. Div. 955 (N.Y. App. Div. 1953)

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