Gardner v. Friederich
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. L. Friederich and others, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe-on the Tth day of December,. 1896, denying their motion for a new trial made-upon the minutes. . The action was- brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendants, The jury rendered a verdict in favor of the plaintiff for…
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Appeal by the defendants, John J. L. Friederich and others, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe-on the Tth day of December,. 1896, denying their motion for a new trial made-upon the minutes. . The action was- brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendants, The jury rendered a verdict in favor of the plaintiff for $4,100. The accident was the result of the fall -of a portion of a' buildiug which the defendants Friederich had contracted…
1Opinion of the Court
Green, J.:
The cause of action alleged in the complaint arose out of the same accident involved in the case of Wittenberg v. Friederich (8 App. Div. 433, 439).
In that action the plaintiff was nonsuited as to the defendants Friederich, and the jury found a verdict against Seitz for $4,000. Upon appeal by the plaintiff from the judgment, entered upon the non-*523suit the same was-affirmed. . Upon appeal by the defendant Seitz from the judgment and the order denying a motion for a new trial the same were affirmed. The plaintiff there was an employee of the Friederichs. The complaint was framed upon…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Slater v. . MersereauNew York Court of Appeals · 1876
- Wittenberg v. FriederichAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Burd v. BleischerAppellate Division of the Supreme Court of the State of New York · 1924
- Lee v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1951
- Hancock v. SteberAppellate Division of the Supreme Court of the State of New York · 1924
- Leishman v. BradySuperior Court of Delaware · 1938
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
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