Burke v. Holtzmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Holtzmann, from a judgment of the Supreme Court in .favor of the plaintiff; entered in the office of the clerk of the county of Schenectady, on the 14th day of June, 1906, upon the verdict of a jury, and also from'an order entered in said clerk’s' office on the 14th -day of June, 4906, denying th¿ defendant’s motion for a new trial made .upon the minutes.
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Appeal by the defendant, George Holtzmann, from a judgment of the Supreme Court in .favor of the plaintiff; entered in the office of the clerk of the county of Schenectady, on the 14th day of June, 1906, upon the verdict of a jury, and also from'an order entered in said clerk’s' office on the 14th -day of June, 4906, denying th¿ defendant’s motion for a new trial made .upon the minutes. The defendant was, in 1-904, the commissioner of public works in- the city of .Schenectady. As such commissioner it was a part of .his duty to employ laborers upon the- street. Benjamin Burke, the plaintiff’s…
1Opinion of the Court
Smith, J.:
The right of Benjamin F. Burke to recover as against the defendant has been determined by us in the appeal from the judgment of dismissal first rendered. We have examined the brief of the learned counsel for the appellant wherein he reargues the questions there decided and we see no reason for changing the decision then made.
Two questions are raised upon this appeal, however, which were not raised upon the former appeal and are 'not discussed in the opinion then written.
Since the first trial and prior to the second trial Benjamin F. Burke died. By an order of the court his…
2Cases cited3 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- In re the Compulsory Judicial Settlement of the Account of WhiteAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Smith v. Endicott-Johnson Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Manko v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1946