Hughes v. Borden's Farm Prods. Co.
| Decision Date | 22 October 1929 |
| Citation | 170 N.E. 132,252 N.Y. 532 |
| Parties | Susanna HUGHES, and Infant, by Mary Hughes, Her Guardian ad Litem, Appellant, v. BORDEN'S FARM PRODUCTS COMPANY, Inc., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment, entered March 11, 1929, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department (225 App. Div. 830, 232 N. Y. S. 774), reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while passing along the sidewalk in front of one of defendant's buildings, stepped upon the neck of a broken milk bottle which ran into her foot, causing the injury complained of. The issue submitted to the jury was whether the piece of broken bottle was thrown or fell upon the sidewalk through the carelessness of defendant.
William J. Hogan, of White Plains, and Leonard F. Fish and Thomas J. O'Neill, both of New York City, for appellant.
John A. Kelly, of New York City, for respondent.
Judgment of the Appellate Division reversed, and that of the Trial Term affirmed, with costs in this court and the Appellate Division, on the ground that there was evidence of negligence sufficient to present a question of fact for the jury.
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... ... Wisotsky, 305 N.Y. 571, 111 N.E.2d 443; Hughes v ... Borden's Farm Prods. Co., 252 N.Y. 532, 170 N.E. 132, see, also, ... ...
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...Goods Corp., 13 N.Y.2d 112, 242 N.Y.S.2d 210, 192 N.E.2d 167; Garippa v. Wisotsky, 305 N.Y. 571, 111 N.E.2d 443; Hughes v. Borden's Farm Prods. Co., 252 N.Y. 532, 170 N.E. 132; see, also, Fisch, New York Evidence, § 216, p. The skid in the instant case was located between plaintiff's and Ha......
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...N.E.2d 148. An inference could also be drawn that the condition on the highway was created by respondent. Cf. Hughes v. Borden's Farm Products Co., Inc., 252 N.Y. 532, 170 N.E. 132. ...
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...Dry Goods Corp., 13 NY2d 112, 242 NYS2d 210, 192 NE2d 167; Garippa v. Wisotsky, 305 NY 571, 111 NE2d 443; Hughes v. Borden's Farm Prods. Co., 252 NY 532, 170 NE 132; see, also, Fisch, New York Evidence, § 216, p. 119.) STALENESS DEFENSE OF RESPONDENT Respondent raised the defense of stalene......