Ruback v. . McCleary, Wallin Crouse
New York Court of Appeals
Appeal from so much of an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1914, as modifies a judgment entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a nonsuit and for a new trial by striking therefrom the order fór nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from so much of an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1914, as modifies a judgment entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a motion for a nonsuit and for a new trial by striking therefrom the order fór nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence sufficient to give rise to any question of negligence on the part of defendant on any theory that the regulator was not a sufficient…
1Opinion of the CourtMcLaughlin, J.
The defendant, a domestic corporation, had, at the time stated in the complaint, an extensive plant in the city of Amsterdam, 27. Y., where it was engaged in manufacturing carpets and rugs. The plaintiff, one of its employees, while there at work, sustained personal injuries by the bursting of a tank. He brought this action to recover the damages sustained, on the ground that the same were caused by the negligence of the defendant. The answer put this allegation in issue and alleged affirmatively that the injuries were caused by the plaintiff’s negligence or the negligence of a…
2Cases cited5 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Quigley v. . LeveringNew York Court of Appeals · 1901
3Cited by34 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Digelormo v. WeilNew York Court of Appeals · 1932
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
- Stuart-Bullock v. StateAppellate Division of the Supreme Court of the State of New York · 1971
- Gutierrez v. Public Service Interstate Transp. Co.Court of Appeals for the Second Circuit · 1948
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