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Grassmann v. Fromm

Court of Appeals of the State of New York
May 25, 1944
56 N.E.2d 114 (N.Y. 1944)

Opinion

Argued April 19, 1944

Decided May 25, 1944

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

Ralph Stout, Louis Rothbard and Oscar A. Meyerson for appellant.

Herbert F. Hastings, Jr., and F.G. Mann for respondent.


Judgments reversed and a new trial granted, with costs to abide the event. There was evidence from which the jury could have found that the plaintiff was a licensee to whom the defendant owed the duty to refrain from an act of affirmative negligence. In those circumstances the questions of defendant's negligence and plaintiff's freedom from contributory negligence were for the jury. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.


Summaries of

Grassmann v. Fromm

Court of Appeals of the State of New York
May 25, 1944
56 N.E.2d 114 (N.Y. 1944)
Case details for

Grassmann v. Fromm

Case Details

Full title:MAX GRASSMANN, Appellant, v. SOLOMON FROMM, Respondent

Court:Court of Appeals of the State of New York

Date published: May 25, 1944

Citations

56 N.E.2d 114 (N.Y. 1944)
56 N.E.2d 114