Geibel v. Elwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Conrad Geibel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 8th day of June, 1896. upon the dismissal of. his complaint by direction .of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 26th day of October, 1896,. deny-' ing the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Conrad Geibel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 8th day of June, 1896. upon the dismissal of. his complaint by direction .of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 26th day of October, 1896,. deny-' ing the plaintiff’s motion for a new trial made upon the minutes. The action is brought to recover damages, for the loss of the plaintiff’s right arm, by reason, as alleged, of the negligence and…
1Opinion of the Court
O’Brien, J.:
The learned trial judge stated that he would assume that there was negligence in the management of the brig by those in charge of her at the time of the accident, but in granting the motion to dismiss the complaint he concluded as matter of law that the plaintiff was guilty of contributory negligence,, and that those in charge of the brig were fellow-servants of the plaintiff, and that for their negli-' genee as against the master he could not recover. In determining whether the disposition thus made was correct, the plaintiff, under the well-settled rule, is entitled to the most…
2Cited by11 opinions
- Eckert v. G. B. Farrington Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Bernhardt v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910
- Lipari v. Bush Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Bloss v. Pure Oil Co.New York Supreme Court · 1929
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