TOBIN v. W. T. GRANT CO.


17 Misc.2d 517 (1959)

Murray Tobin, Appellant, v. W. T. Grant Company, Respondent.

Supreme Court, Appellate Term, Second Department.

January 23, 1959.


Attorney(s) appearing for the Case

John F. Coffey and Eugene J. Brannigan for appellant.

Robert J. Kelly and Sidney M. Offer for respondent.

Concur — PETTE, HART and DI GIOVANNA, JJ.


Per Curiam.

Under the circumstances existing at or about the time of the fire, defendant was chargeable with the negligence of an employee who was responsible for the fire in the elevator pit. The record establishes that the defendant's manager knew of prior similar incidents where fires were caused by the act of an employee in throwing a lighted cigarette into the elevator pit and that with such knowledge the manager...

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