BERNSTEIN v. EMS CORPORATION

No. 191, Docket 21247.

174 F.2d 880 (1949)

BERNSTEIN v. EMS CORPORATION et al.

United States Court of Appeals Second Circuit.

May 24, 1949.


Attorney(s) appearing for the Case

Leo F. Potts, New York City (I. Maurice Wormser, Charles H. Lane and Sidney J. Loeb, New York City, of counsel), for appellant.

Hatch, Wolfe & Nash, New York City (Barent Ten Eyck and Benjamin H. Siff, New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This is a negligence action to recover for personal injuries sustained by the plaintiff through the fall of an electric lighting fixture while he was a business visitor in the store of Olian & Cantor. They were in possession of the store under a lease from Ems Corp., owner of the building in part of which the store was located. The lighting fixture was attached to a ceiling beam. When Mr. Olian pulled the switch cord to turn on the light,...

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