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Leach v. Town of Eastchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1942
265 App. Div. 859 (N.Y. App. Div. 1942)

Opinion

November 2, 1942.


Action to recover damages for personal injuries sustained by plaintiff when she fell on the sidewalk, which was alleged to be in a defective condition. Judgment entered on the verdict of the jury in favor of plaintiff affirmed, with costs.


I concur for affirmance on the sole ground that the law of the case was fixed by the decision of this court when the case was here on appeal from the first trial ( 263 App. Div. 898). I adhere, however, to my opinion as evidenced by my dissenting vote then recorded; Johnston, J., dissents and votes to reverse the judgment and to dismiss the complaint on the ground that the physical facts, as shown by the photographs and the dimensions testified to by the witnesses for both plaintiff and defendant, establish that the condition was not in the nature of a trap.


Summaries of

Leach v. Town of Eastchester

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1942
265 App. Div. 859 (N.Y. App. Div. 1942)
Case details for

Leach v. Town of Eastchester

Case Details

Full title:MARY H. LEACH, Respondent, v. TOWN OF EASTCHESTER, Appellant

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

Date published: Nov 2, 1942

Citations

265 App. Div. 859 (N.Y. App. Div. 1942)

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