Makoski v. Union Bag & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the Saratoga county clerk’s office August 15, 1910, upon the verdict of a jury for §3,000, and from an order denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Houghton, J. (dissenting):
I concur in what Mr. Justice Cochrane said in his. dissenting opinion on the former appeal of this case (136 App. Div. 115). I do not think we should now permit the judgment in favor of plaintiff to stand. The description of the place in which the deceased was working is fully set forth in the prevailing opinion on the former appeal. The sole ground upon which the court submitted the question of defendant’s negligence to the jury upon the present trial was whether it failed in its duty to the deceased in not disclosing to him that the flat platform upon which he was…
2Cases cited4 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Irish v. . Union Bag and Paper CompanyNew York Court of Appeals · 1905
- Makoski v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1909