D'AMICO v. HOROWITZ


278 A.D. 842 (1951)

Anna D'Amico et al., Respondents, v. Reba Horowitz, One of Those Doing Business as Hogal Realty Co., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1951.


Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event.

It was error to charge the jury that they might find that appellant caused a potato peel and garbage to be on the step from which the wife claimed she fell, and that if the jury so found plaintiffs were not required to prove notice, actual or constructive, of the presence of the garbage on the step. Only by adding inference upon inference could the jury...

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