Appellate Division of the Supreme Court of New York, 1948

Benson v. Hotel Onondaga Operating Co.

Benson v. Hotel Onondaga Operating Co.
Appellate Division of the Supreme Court of New York · Decided November 18, 1948
274 A.D. 971; 84 N.Y.S.2d 716; 1948 N.Y. App. Div. LEXIS 4293
Benson v. Hotel Onondaga Operating Co.

Opinion of the Court

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of the jury, implicit in its verdict that the defendant had knowledge of the custom of the infant-plaintiff and others to play volley ball in the ballroom, is against the weight of the evidence. All concur. (The judgment is for plaintiff in a negligence action.) Present— Taylor, P. J., MeCum, Larkin, Love and Vaughan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.