Janiszewski v. Fitzpatrick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Fitzpatrick, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 28th day of January, 1913, upon the verdict of a jury, for $2,500, and also from an order enteréd in said clerk’s office on the same day denying the defendant’s motion for a new trial ma.de upon the minutes.
1Opinion of the Court
Jenks, P. J.:
As the verdict for the plaintiff upon the question of the master’s liability was general, it may have rested exclusively upon the first question of such liability submitted to the jury. If that question was submitted erroneously, the plaintiff must show that the error did not and could not have affected the verdict (Greene v. White, 37 N. Y. 405), but that seems to be an impossible task.
The court charged the jury that the defendant’s liability rested, if at all, upon the Employers’ Liability Act (Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art. *20014, as amd. by Laws…
2Cases cited5 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Greene v. . WhiteNew York Court of Appeals · 1867
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Stourbridge v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Logerto v. Central Building Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Janiszewski v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1914