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Grassmann v. Fromm

292 N.Y. 699 Court N.Y. Decision date 1944-05-25 English

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

Contents

Majority

p. 699
Max Grassmann, Appellant, v. Solomon Fromm, Respondent.
Argued April 19, 1944;
decided May 25, 1944.
p. 700
Ralph Stout, Louis Rothbard and Oscar A. Meyerson for appellant.
Herbert F. Hastings, Jr., and F. G. Mann for respondent.

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.