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LANKES v. LOYAL ORDER OF THE MOOSE, BUFFALO LODGE NUMBER EIGHT

12 A.D.2d 1001 (1961)

Edna Lankes, Appellant, v. Loyal Order of the Moose, Buffalo Lodge Number Eight, Respondent

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

February 23, 1961

Order reversed on the law and facts and verdict reinstated, with costs.

Memorandum:

The Trial Judge unequivocably charged the jury that the question to be determined by them was "Did the defendant in this particular case use reasonable care in lighting this stairway". Although erroneous under the facts here presented (Kimbar v. Estis, 1 N.Y.2d 399, 403) this charge became the law of the case by reason of the failure...

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