DUFFY v. OWEN A. MANDEVILLE, INC.


5 N.Y.2d 730 (1958)

Hugh A. Duffy et al., Appellants, v. Owen A. Mandeville, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

James Dempsey, William C. Mattison, Thomas Grimes and Bartholomew A. Moynahan for appellants.

Patrick E. Gibbons for Owen A. Mandeville, Inc., respondent.

Henry J. Smith for William S. Malarick, respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.


Per Curiam.

Questions of fact are presented by the evidence concerning which defendant or both had possession and control of the premises where plaintiff wife fell at the time of her injury, whether either of the defendants or both of them be chargeable with negligence and whether plaintiff Susanna J. Duffy was free from contributory negligence.

The judgments appealed from should be reversed and a new trial granted, with costs to abide the event.

Judgments reversed, etc.


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