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Benson v. Hotel Onondaga Operating Company, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1948
274 App. Div. 971 (N.Y. App. Div. 1948)

Opinion

November 18, 1948.

Present — Taylor, P.J., McCurn, Larkin, Love and Vaughan, JJ.


Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of the jury, implicit in its verdict that the defendant had knowledge of the custom of the infant-plaintiff and others to play volley ball in the ballroom, is against the weight of the evidence. All concur. (The judgment is for plaintiff in a negligence action.)


Summaries of

Benson v. Hotel Onondaga Operating Company, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1948
274 App. Div. 971 (N.Y. App. Div. 1948)
Case details for

Benson v. Hotel Onondaga Operating Company, Inc.

Case Details

Full title:JERRY BENSON, an Infant, by EDWIN R. BENSON, His Guardian ad Litem…

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

Date published: Nov 18, 1948

Citations

274 App. Div. 971 (N.Y. App. Div. 1948)