MOODY v. BUSY CORNER RETAIL MEAT STORE, INC.


54 A.D.2d 583 (1976)

Bernice Moody et al., Respondents, v. Busy Corner Retail Meat Store, Inc., Appellant, et al., Defendant

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

September 27, 1976


Order affirmed, with costs to abide the event.

A gun is a dangerous instrument, which, if handled carelessly, is likely to injure people. In this case the store manager knew, for several hours before the incident occurred, that one of the butchers in the store had a gun, without a holster, in his belt or pocket, yet did nothing about it. This lack of affirmative action may constitute actionable negligence on the part of...

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