Jensen v. Great Atlantic & Pacific Tea Co. ( 1933 )

Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event, on the ground that the plaintiffs proved a prima facie case of negligence against the defendant. Young, Kapper, Carswell and Davis, JJ., concur; Lazansky, P. J., dissents and votes for affirmance on authority of Kelly v. Otterstedt (80 App. Div. 398); Norton v. Hudner (213 Mass. 257).