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Roden v. Bond Stores, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1949
275 App. Div. 671 (N.Y. App. Div. 1949)

Opinion

February 7, 1949.


Plaintiff was injured while stepping over the sill of a sidewalk shed erected for the protection of pedestrians during repair work on appellant's building. The evidence does not show with sufficient clarity to permit the jury to determine how plaintiff came to fall, without conjecture as to whether it was due to the negligence of the appellant. No actionable negligence was established. ( Kennedy v. Taaffee, 290 N.Y. 832; Hofstein v. Bronx Water Works, Inc., 265 App. Div. 493.) Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.


Summaries of

Roden v. Bond Stores, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1949
275 App. Div. 671 (N.Y. App. Div. 1949)
Case details for

Roden v. Bond Stores, Inc.

Case Details

Full title:WILLIAM RODEN, Respondent, v. BOND STORES, INC., Appellant, et al.…

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

Date published: Feb 7, 1949

Citations

275 App. Div. 671 (N.Y. App. Div. 1949)

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