LEHMANN v. MACY & CO.


207 Misc. 833 (1955)

Olga Lehmann et al., Respondents, v. R. H. Macy & Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 24, 1955.


Attorney(s) appearing for the Case

Samuel E. Swiggett for appellant.

Melvin R. Simensky, Jacques J. Katz and Frank Jackson for respondents.

HOFSTADTER, EDER and BRADY, JJ., concur.


Per Curiam.

Plaintiff sustained an injury while trying on a hat picked up from a counter of defendant store as a result of a hatpin being imbedded in the veil rather than in the hat proper where it belonged. The Trial Justice denied the motion to dismiss, the jury rendering a verdict for plaintiff. This was erroneous in view of the absence of any proof of active negligence on the part of defendant's employees or of...

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