DUNCAN v. TWIN LEASING CORP.


283 A.D. 1080 (1954)

John Duncan, Respondent-Appellant, v. Twin Leasing Corporation, Appellant, and Lipsky & Rosenthal, Inc., Respondent

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

June 14, 1954.


Judgment unanimously affirmed, with one bill of costs to plaintiff and to defendant-respondent against defendant-appellant.

In our opinion, on the facts disclosed by the evidence, and on consideration of the duty imposed on defendant-appellant by the statute, the jury could properly have found that defendant-appellant in the exercise of reasonable care should have discovered prior to the happening of the accident that the opening was unguarded and that reasonable...

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