Cobb v. United Engineering & Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judiciardepartmeut, entered March 13, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judiciardepartmeut, entered March 13, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The expert’s answer to plaintiff’s hypothetical question, being admittedly predicated upon assumptions of fact not appearing in evidence, was incompetent. (Sullivan v. M. S. Ry. Co., 63 App. Div. 46; Link v. Sheldon, 136 N. Y. 1; Guiterman v. L., etc., S. S. Co., 83 N. Y.…
1Opinion of the CourtChase, J.
The plaintiff while standing opposite an open doorway on the third floor of a building on the north side of West Thirty-third street, in the borough of Manhattan, city of New York, was hit on the right side by a stone which came through such doorway. She fell against her husband who was standing by her side. This action was brought against the defendant to recover for the injuries alleged to have resulted from such blow and from the fall occasioned thereby. At the trial the jury rendered a verdict in her favor of $25,000.
The injuries claimed by the plaintiff to have been the proximate result…
2Cases cited4 opinions
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Link v. . SheldonNew York Court of Appeals · 1892
- Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
- Fox v. . Village of ManchesterNew York Court of Appeals · 1905
3Cited by9 opinions
- People v. SamuelsNew York Court of Appeals · 1951
- Hanrahan v. . New York Edison Co.New York Court of Appeals · 1924
- Albert v. Public Service Mutual Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
- Longman v. AndersonSupreme Court of Minnesota · 1924
- Claim of Bergman v. Mergenthaler Linotype Co.Appellate Division of the Supreme Court of the State of New York · 1948
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