Kiernan v. Percha
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Gutta Perdía and Rubber Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of February, 1909, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 10th day of February, 1909, as amended by an order entered on the 19th day of February, 1909, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, the Gutta Perdía and Rubber Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of February, 1909, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 10th day of February, 1909, as amended by an order entered on the 19th day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
There is only one question in this case upon which there is any substantial conflict of testimony, and that is as to the directions given by Penrod to the plaintiff. For the purposes of this appeal we must assume that the plaintiff’s version is correct.
The facts may be briefly stated as follows: On the 31st day of December, 1906, the plaintiff was employed in the.storeroom of the defendant. His duties were to weigh the goods as they came in and pile them away. He had been employed there for six years. During that time he had become thoroughly familiar with the entire situation of…
2Cases cited5 opinions
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- Kern v. DeCastro & Donner Sugar Refining Co.New York Court of Appeals · 1890
- Elgin, Joliet & Eastern Railway Co. v. DochertyAppellate Court of Illinois · 1896
- White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1897
- Teetsel v. SimmonsNew York Supreme Court · 1895
3Cited by3 opinions
- Malbon v. Phelps Dodge Refining Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Smith v. ParkeAppellate Terms of the Supreme Court of New York · 1910
- Wells v. Westinghouse, Church, Kerr & Co.Appellate Division of the Supreme Court of the State of New York · 1911