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Gramegna v. Rubsam Horrmann Brewing Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1937
252 App. Div. 777 (N.Y. App. Div. 1937)

Opinion

October 22, 1937.


In a negligence action it appeared that the plaintiff was injured when the cellar doors of premises owned by defendant Bernard Fuschino were suddenly opened without warning as the plaintiff was passing and he stumbled over them and fell. It is a fair inference from the evidence, from which a jury might draw the reasonable conclusion, that the doors were thus opened by an employee of defendant Rubsam Horrmann Brewing Co., while engaged in delivering beer at this restaurant. Questions of fact were presented as to these defendants, and it was error to dismiss the complaint at the close of the evidence. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.


Summaries of

Gramegna v. Rubsam Horrmann Brewing Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1937
252 App. Div. 777 (N.Y. App. Div. 1937)
Case details for

Gramegna v. Rubsam Horrmann Brewing Co.

Case Details

Full title:CARMINE GRAMEGNA, Appellant, v. RUBSAM HORRMANN BREWING Co., BERNARD…

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

Date published: Oct 22, 1937

Citations

252 App. Div. 777 (N.Y. App. Div. 1937)

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