Ford v. Wanamaker

Headnote

Ford v. Wanamaker, 172 App. Div. 908 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that plaintiff was struck by a swinging door located near the southwesterly corner of the defendant’s dry goods store at Broadway, near Ninth and Tenth streets, New York city; that the said door was suddenly swung against the plaintiff by the agency of a person or persons unknown to the plaintiff, due to the fact that the door could swing inwards as well as outwards, and that the corner of the counter past which the plaintiff was going at the time was so close to the said door when swung inwards as to render it impossible for a person to pass the corner of the said counter without being exposed to a blow from the door.