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Simmons v. Prudential Insurance Co. of America

Irving C. Simmons v. Prudential Insurance Company of America

Simmons v. Prudential Ins. Co. of Am., 269 A.D. 1048 (1945)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 10, 1945
Citations
269 A.D. 104858 N.Y.S.2d 578

Opinion of the Court

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The plaintiff, a guest of a tenant in the defendant’s apartment house, left the premises at 2:30 a.m. and fell on a slippery step on defendant’s property leading down to the public sidewalk. The atmosphere was misty, damp, and it was cold. Snow had been cleared from the premises and rock salt scattered on the area. Judgment of the City Court of Mount Vernon, entered on the verdict of a jury in favor of plaintiff, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. There is no evidence of failure to exercise reasonable care. In any event, if actionable negligence were shown a new trial would be granted because of errors in disposing of the requests to charge. Appeal from order dismissed, without costs. Hagarty, Acting P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1999: 119992026peak 1999 · 1

Relies on it most ⓘ

  1. Blaine Construction Corporation v. Insurance Company of North America171 F.3d 343 (6th Cir. 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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