Appellate Division of the Supreme Court of New York, 1952

Jackson v. Symington Gould Corp.

Jackson v. Symington Gould Corp.
Appellate Division of the Supreme Court of New York · Decided January 18, 1952
279 A.D. 845; 1952 N.Y. App. Div. LEXIS 6136; 110 N.Y.S.2d 470
Jackson v. Symington Gould Corp.

Opinion of the Court

All concur, except MeCurn and Wheeler, JJ., who dissent and vote for reversal and for granting a new trial in the following memorandum: We dissent and vote for reversal and a new trial upon the ground that the evidence presents a question of fact as to whether the character of the oxygen in its environment in the manhole was such that it became a dangerous agency not necessary to the conduct of defendant’s business, and the question of foreseeability. (Appeal from two judgments dismissing the complaint as to defendants Symington Gould Corporation and Baltimore & Ohio R. R. Co., in a negligence action.) Present — Taylor, P. J., MeCurn, Kimball, Piper and Wheeler, JJ.

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