BARTON v. DIEDRICH


283 A.D. 1135 (1954)

Ann Barton, Respondent, v. Edward K. Diedrich, Doing Business under the Name of "Tip's Grill", Appellant

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

June 18, 1954.


In the complaint plaintiff pleaded that she was injured in the course of being wrongfully ejected from defendant's grill. There was no proof on the trial to support such a cause of action. The proof by plaintiff was that she leaned against a French door; that one of the panes of glass "was cracked"; that as she was leaning on the door watching a fight between her escort and two other men "I was excited, and the window just crumbled under me". The complaint was amended on...

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