Appellate Division of the Supreme Court of New York, 1956

Heuman v. L. L. LeVeque Co.

Heuman v. L. L. LeVeque Co.
Appellate Division of the Supreme Court of New York · Decided June 26, 1956
2 A.D.2d 675; 154 N.Y.S.2d 656; 1956 N.Y. App. Div. LEXIS 4831
Heuman v. L. L. LeVeque Co.

Opinion of the Court

Plaintiff was guilty of contributory negligence as a matter of law in placing herself in a position where her daughter could fall on her and then cause the injuries which she sustained. Judgment reversed, with costs to the appellant, and judgment is directed to be entered in favor of the defendant-appellant dismissing the complaint herein, with costs. Concur — Botein, Rabin and Cox, JJ.; Peek, P. J., and Breitel, J., dissent and vote to affirm.

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