New York Court of Appeals, 1944

Grassmann v. Fromm

Grassmann v. Fromm
New York Court of Appeals · Decided May 25, 1944 · Bippey, CoNwat, Desmond, LehmaN, Lewis, LottgheaN, Thachee
56 N.E.2d 114; 292 N.Y. 699; 1944 N.Y. LEXIS 1853 (North Eastern Reporter, Second Series)

Grassmann v. Fromm

Opinion of the Court

Judgments reversed and a new trial granted, with costs to abide the event. Inhere was evidence from which the jury could have found that the plaintiff was a licensee to whom the defendant owed the duty to refrain from an act of affirmative negligence. In those circumstances the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were for the jury. No opinion.

Concur: LehmaN, Ch. J., LottgheaN, Lewis, CoNwat, Desmond and Thachee, JJ. Taking no part: Bippey, J.

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