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Benson v. Hotel Onondaga Operating Co.

274 A.D. 971 Court N.Y. App. Div. Decision date 1948-11-18 English

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p. 971
Jerry Benson, an Infant, by Edwin R. Benson, His Guardian ad Litem, Respondent, v. Hotel Onondaga Operating Company, Inc., Appellant.

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of the jury, implicit in its verdict that the defendant had knowledge of the custom of the infant-plaintiff and others to play volley ball in the ballroom, is against the weight of the evidence. All concur. (The judgment is for plaintiff in a negligence action.) Present— Taylor, P. J., MeCum, Larkin, Love and Vaughan, JJ.