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Levy v. Cascades Operating Corporation

Court of Appeals of the State of New York
Dec 3, 1942
46 N.E.2d 343 (N.Y. 1942)

Opinion

Argued October 19, 1942

Decided December 3, 1942

Appeal from the Supreme Court, Appellate Division, Second Department, SMITH, J.

Harry A. Spiegelman, John M. Wilson and Max J. LeBoyer for appellant.

James J. McLoughlin, Robert F. White and John J. Kirwan for respondent.


Judgment of Appellate Division reversed and a new trial granted, with costs to the appellant to abide the event. Whether the defendant was negligent and whether the decedent assumed the risk of his injuries were questions of fact for the jury. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY and CONWAY, JJ. Dissenting: FINCH, LEWIS and DESMOND, JJ.


Summaries of

Levy v. Cascades Operating Corporation

Court of Appeals of the State of New York
Dec 3, 1942
46 N.E.2d 343 (N.Y. 1942)
Case details for

Levy v. Cascades Operating Corporation

Case Details

Full title:BENJAMIN LEVY, as Administrator of the Estate of DANIEL J. LEVY, Deceased…

Court:Court of Appeals of the State of New York

Date published: Dec 3, 1942

Citations

46 N.E.2d 343 (N.Y. 1942)
46 N.E.2d 343

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