From Casetext: Smarter Legal Research

McMahon v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 916 (N.Y. App. Div. 1939)

Opinion

May 17, 1939.

Present — Sears, P.J., Lewis, Cunningham, Taylor and Dowling, JJ.


Judgment and order affirmed, with costs. Memorandum: The portion of the bottle admitted in evidence and the testimony that it was solidly imbedded in the ground and that its removal was difficult, were ample to permit the jury to draw therefrom the inference that it had been in the park path a sufficient length of time to charge the defendant with constructive notice thereof. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.)


Summaries of

McMahon v. City of Buffalo

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 916 (N.Y. App. Div. 1939)
Case details for

McMahon v. City of Buffalo

Case Details

Full title:ROBERT McMAHON, an Infant, by ELMER G. LEVERE, His Guardian ad Litem…

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

Date published: May 17, 1939

Citations

257 App. Div. 916 (N.Y. App. Div. 1939)