Appellate Division of the Supreme Court of New York, 1939

Rainville v. New York Telephone Co.

Rainville v. New York Telephone Co.
Appellate Division of the Supreme Court of New York · Decided October 31, 1939
258 A.D. 754; 15 N.Y.S.2d 311; 1939 N.Y. App. Div. LEXIS 6771
Rainville v. New York Telephone Co.

Opinion of the Court

Action to recover damages for personal injuries sustained as the result of a fall by the plaintiff, a customer of the'defendant, upon a claimed “ mess of wax ” on the floor of the defendant’s place of business. Judgment for the plaintiff and order reversed on the facts and a new trial granted, with costs to abide the event. The finding of liability is against the weight of evidence. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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