Ochs v. Kroehle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick W. Kroehle and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of March, 1917, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the same day denying defendants’ motion for a new trial made upon the minutes.
1Dissent
Merrell, J. (dissenting):
I think it was permissible for the plaintiff to prove the declaration of defendants’ janitor that he himself had spilled the water from which the ice formed, and that the evidence of such declaration furnished substantive proof to charge defendants with responsibility for plaintiff’s injuries. Such admissions are not, I apprehend, to be controlled by the rule of evidence that declarations of an employee concerning a past transaction are inadmissible to bind the master. This alleged declaration was made before the accident occurred, concerning a negligent act of the…
2Cases cited5 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Patterson v. HochsterAppellate Division of the Supreme Court of the State of New York · 1899
- Svendsen v. Frank McWilliams, Inc.Appellate Division of the Supreme Court of the State of New York · 1913
- Lahey v. William Ottmann & Co.New York Supreme Court · 1893