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125 Misc. 255

Pulerwitz v. Commonwealth Fuel Co.

Appellate Terms of the Supreme Court of New York · decided 1925-06-22

Cited by 1 later decisions — most recently March 1974

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1925-06-22

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Per Curiam:

¶1In face of the charge by the learned trial court that plaintiff was under obligation as a pedestrian on the sidewalk to watch where he was going, it was manifest error to refuse to charge plaintiff’s request that the jury might find that failure on the part of defendant to warn pedestrians against the coal hole from which it had removed the cover constituted negligence.

¶2Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

¶3All concur; present, Bijur, Mullan and Proskauer, JJ.

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