McAuley v. United Cigar Stores Co. of America, Inc.
| Decision Date | 13 July 1923 |
| Citation | 142 N.E. 313,236 N.Y. 633 |
| Parties | Thomas McAULEY, Appellant, v. UNITED CIGAR STORES COMPANY OF AMERICA, Inc., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment, entered February 14, 1923, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (204 App. Div. 356,198 N. Y. Supp. 154), reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was brought to recover damages for personal injuries sustained by the respondent in having fallen at the entrance to one of appellant's stores as he was leaving the same after making a purchase therein, by reason of an accumulation of snow and ice at such entrance. According to the records of the weather bureau, it had been snowing all day and up until 10:50 p. m. and continued sleeting thereafter, with a high wind blowing all the time. The accident happened at about 11 p. m., at which time there was an accumulation of snow and ice in front of the defendant's store, presenting an uneven, hummocky surface, made so by the feet of the persons passing in and out of the store. The Appellate Division held that defendant was not chargeable with negligence in failing to keep the doorway clear of snow under such circumstances.William Macy and Joseph I. Green, both of New York City, for appellant.
Walter L. Glenney and Bertrand L. Pettigrew, both of New York City, for respondent.
Judgment affirmed, with costs.
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...219 App.Div. 529, aff'd 248 N.Y. 619; McAuley v. United Cigar Stores Co. of America, Inc., 204 App.Div. 356, 198 N.Y.S. 154, aff'd 236 N.Y. 633, 142 N.E. 313.) Applying these well settled principles to the facts at bar, and taking note of the severity of the storm and the City's efforts to ......
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