Wittenberg v. Seitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick C. Seitz, from an order of the Supreme Court, made at a Trial Term thereof, held in and for the county of Monroe, bearing date the 1st day of February, 1896, and entered in the office of the clerk of the county of Monroe, denying the defendant’s motion to set aside the verdict of the jury and to grant a new trial upon exceptions taken, after a trial at said term before the court and the jury, which resulted in a verdict for the plaintiff…
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Appeal by the defendant, Frederick C. Seitz, from an order of the Supreme Court, made at a Trial Term thereof, held in and for the county of Monroe, bearing date the 1st day of February, 1896, and entered in the office of the clerk of the county of Monroe, denying the defendant’s motion to set aside the verdict of the jury and to grant a new trial upon exceptions taken, after a trial at said term before the court and the jury, which resulted in a verdict for the plaintiff for the sum of $4,000.
1Opinion of the Court
Adams, J.:
The plaintiff brings this action against the defendant to recover damages for personal injuries sustained by him in consequence of an accident which occurred upon the 15th day of September, 1894.
The undisputed evidence in the case shows that the defendants, A. Friederich & Sons, who are builders and contractors, residing at the city of Rochester, in this State, entered into a contract with the State to erect a three-story brick building, to be used as an annex to the Rochester State Hospital.
The mason and brick work was all done by the principal contractors, but the carpenter work…
2Cases cited2 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Dumes v. SizerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Williams v. . Stores Co., Inc.Supreme Court of North Carolina · 1936
- Zalak v. CarrollNew York Court of Appeals · 1965
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Hicks v. SmithAppellate Division of the Supreme Court of the State of New York · 1913
- Miller v. International Harvester Co.Appellate Division of the Supreme Court of the State of New York · 1920
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