Chernick v. Independent American Ice Cream Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Independent American Ice Cream Company, from an order of the Appellate Term of the Supreme Court reversing an order of the Municipal Court of the city of New York which set aside the verdict of a jury in favor of the plaintiff for $300 and granted a new trial. The order of the Appellate Term reinstated the verdict and directed the entry of judgment thereon.
1Opinion of the Court
Laughlin, J.:
On the 4th day of May, 1909, the plaintiff was in the employ of the defendant, in charge of one of its delivery wagons, and while standing on the tailboard of the wagon in the performance of his duty in preparing to deliver cracked ice to a customer one of his feet broke through a hole in the tailboard of the wagon, which had recently been covered with a piece of board about an inch thick in an endeavor to repair it, and this action was brought to recover damages for personal injuries sustained thereby. The. negligence charged in the complaint was failure on the part of the…
2Cases cited13 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
- O'Neil v. KarrAppellate Division of the Supreme Court of the State of New York · 1906
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