SMALL v. RUHMSHOTTEL


282 A.D. 1052 (1953)

Anna M. Small, Appellant, v. Carl Ruhmshottel et al., Copartners Doing Business as Ruhmshottel Farms, et al., Respondents Carl Ruhmshottel, Third-Party Plaintiff, v. August Roll, Third-Party Defendant

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

December 7, 1953.


Judgment, insofar as appeal is taken, affirmed, with costs.

No opinion.

Nolan, P. J., and MacCrate, J., concur as to the partnership defendants, but dissent and vote to reverse the judgment and to grant a new trial as to the defendant Carl Ruhmshottel, individually, with the following memorandum:

In our opinion, a question of fact was presented, as to the control of the premises upon which the accident occurred, by the defendant Carl Ruhmshottel, and...

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