Larkin Co. v. Terminal Warehouse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Larkin' Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 15th day of May, 1913, setting aside the verdict of a jury in plaintiff’s favor and directing the dismissal of the complaint, and also from the judgment entered in said clerk’s office on the 23d day of May, 1913, dismissing the complaint upon the said order.
1Opinion of the Court
Laughlin, J.:
This is an action by a tenant to recover of its landlord the amount which it was obliged to pay in settlement of an action brought for the death of one of its employees, it being claimed by the plaintiff that as between it and the defendant the latter was primarily responsible.
The plaintiff is a corporation organized under the laws of West Virginia having its principal office and place of business in the city of Buffalo, N. Y., and is engaged in manufacturing and selling soaps, perfumes and pure foods. The defendant is a domestic corporation and owns certain stores at the foot of…
2Cases cited2 opinions
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Prescott v. . Le ConteNew York Court of Appeals · 1904
3Cited by5 opinions
- Secor v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
- Good Neighbor Federation v. Pathe Industries, Inc.New York Supreme Court · 1952
- City of White Plains v. EllisNew York Supreme Court · 1920
- Hudson Valley Railway v. Mechanicville Electric Light and Gas Co.New York Supreme Court · 1917
- Rubinstein v. Pennsylvania RailroadNew York Supreme Court · 1959