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Pulerwitz v. Commonwealth Fuel Co.

Supreme Court, Appellate Term, First Department
Jun 22, 1925
125 Misc. 255 (N.Y. App. Term 1925)

Opinion

June 22, 1925.

Louis Zimmerman, for the appellant.

F.W.W. Ireland, for the respondent.


In face of the charge by the learned trial court that plaintiff was under obligation as a pedestrian on the sidewalk to watch where he was going, it was manifest error to refuse to charge plaintiff's request that the jury might find that failure on the part of defendant to warn pedestrians against the coal hole from which it had removed the cover constituted negligence.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, BIJUR, MULLAN and PROSKAUER, JJ.


Summaries of

Pulerwitz v. Commonwealth Fuel Co.

Supreme Court, Appellate Term, First Department
Jun 22, 1925
125 Misc. 255 (N.Y. App. Term 1925)
Case details for

Pulerwitz v. Commonwealth Fuel Co.

Case Details

Full title:HERMAN PULERWITZ, Appellant, v . COMMONWEALTH FUEL CO., INC., Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 22, 1925

Citations

125 Misc. 255 (N.Y. App. Term 1925)