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Kovacs v. Schuyler

113 N.Y.S. 1136 Court N.Y. App. Term Decision date 1908-12-09 English

Decision Majority — PER CURIAM. · Dissent — MacLEAN, J.

Contents
p. 1136
KOVACS v. SCHUYLER.
(Supreme Court, Appellate Term.
December 9, 1908.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Adolf ICovacs against Ackley C. Schuyler. From a judgment for plaintiff, defendant appeals. Affirmed. U. W. Tompkins, for appellant. J. C. Brand, for respondent.

Judgment affirmed, with costs.

(dissenting). Passing by the question whether a man who has in effect blindfolded himself by an armful of tabourettes, obscuring his view, and walks into an elevator shaft left open by himself, of which it is not shown he has used the familiar precautionary devices to prevent accident, may be considered under any view to be free from contributory, negligence, it was error to admit, for the purpose of attacking the defendant’s credibility, a postal card of which he had no knowledge, the statement whereupon was not shown to have been made upon knowledge.