Dittman v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Edison Electric Ilhiminating 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 July, 1910, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 12th day of July, 1910, denying the defendant’s motion for. a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff was injured in February, 1901, by the breaking of a belt, while working in the defendant’s employ in its power house in the borough of Manhattan. The action based on the defendant’s negligence was tried in January, 1903, and the plaintiff recovered a verdict which was reversed by this court because an expert witness was permitted to testify, that the belt was unsafe, instead of testifying to the facts in relation to it, from which the jury could infer its unsafe condition. (See Dittman v. Edison Electric Illuminating Co., 87 App. Div. 68, 71.) On the second trial…
2Cases cited3 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- General Accident Fire & Life Assurance Corp. v. KrieghbaumAppellate Division of the Supreme Court of the State of New York · 1974