STRAUSS v. HAMMER


4 N.Y.2d 908 (1958)

Elsie Strauss et al., Appellants, v. Nathan Hammer et al., Doing Business under the Name of United Metal Box Co., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 1958.


Attorney(s) appearing for the Case

Donald S. Sherwood and Jerome Golenbock for appellants.

Samuel E. Swiggett for respondents.

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


Judgment affirmed, with costs; no opinion.

Chief Judge CONWAY and Judge FROESSEL dissent and vote to reverse upon the ground that a jury question was presented as to whether defendant violated his duty to plaintiff by failing to observe whether she had alighted safely before he started his car. Plaintiff was entitled to every favorable inference that might be drawn from the evidence. There was evidence that defendant "was in a hurry to have an appointment at home...

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