Legal Opinion
O'Connor v. James Stewart & Co.
New York Supreme Court
Decided February 15, 1916Published
Motion for a non-suit- and dismissal of complaint.
1Opinion of the CourtVan Kirk, J.
At a former trial of this case the jury disagreed. At the present trial the defendant moved for a non-suit and a dismissal of the complaint. The court reserved decision of the motion and submitted to the jury written questions under section 1187 of the Code. The jury has again disagreed and the defendant asks for a decision of its motion. I have not a copy of the questions submitted to the jury, but they were in substance the following:
• (1). Was Cunningham an employee of the defendant intrusted with authority to direct, control or command the plaintiff in the performance of his duty?(2) .…
2Cases cited11 opinions
- Marion v. B. G. Coon Construction Co.New York Court of Appeals · 1915
- Famborille v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Quinlan v. . Lackawanna Steel Co.New York Court of Appeals · 1908
- Hall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
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