Dittman v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred H. Dittman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of October, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff was employed by the defendant to oil and clean machinery. A piece of belt near which he was working was in some manner torn or thrown off, striking him in the right eye, destroying its sight. On a former appeal a judgment for the plaintiff was reversed for an error in the admission of testimony. (8Y App. Div. 68.) On the trial now being reviewed the court directed a verdict for the defendant on the ground that the accident did not occur as alleged, and that the cause of the accident was unexplained. The averment of the complaint was “ That on the day aforesaid said…
2Cases cited3 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Koehler v. . New York Steam Co.New York Court of Appeals · 1905
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Feingold v. Ocean Steamship Co. of SavannahAppellate Terms of the Supreme Court of New York · 1909
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1911