Schlappendorf v. American Railway Traffic Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Railway Traffic 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 23d day of October, 1912, upon the verdict of a jury'for $9,250, and also from an .order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
For a narrative of the casualty reference is made to the opinion upon the first appeal (142 App. Div. 554). The second trial produced additional evidence which must be considered upon this appeal. It is clearly established by the testimony of Plank that after oné of the clips became loose and displaced, the entire cable pulled out of the clamp so that the bucket dropped on one side but the cable itself did not break. The proximate negligence of the defendant, if any, began at the time of the displacement of the clip. The testimony, particularly that of Bartholomew, the installing…
2Cases cited4 opinions
- Schlappendorf v. American Railway Traffic Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Lynch v. Bush Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Lynch v. . Bush Company, LimitedNew York Court of Appeals · 1905
3Cited by1 opinion
- Schlappendorf v. American Ry. Traffic Co.Appellate Division of the Supreme Court of the State of New York · 1913