O'Brien v. Literary Socy. of St. Catherine

Full title: KATHARINE O'BRIEN, Respondent, v. LITERARY SOCIETY OF ST. CATHERINE OF…

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

Date published: Dec 14, 1945

269 App. Div. 1019 (N.Y. App. Div. 1945)

Opinion

December 14, 1945.

Present — Martin, P.J., Dore, Cohn, Callahan and Peck, JJ.

Judgment affirmed, with costs. No opinion. Martin, P.J., and Callahan, J., dissent and vote to reverse the judgment appealed from and dismiss the complaint on the ground that the negligence of defendant, particularly with respect to the element of notice, was not established by a fair preponderance of evidence.