Legal Opinion

McMullen v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1905PublishedCited by 5 opinions

Beabgument of ,an appeal by the defendant,. The City of Mew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of,Mew York on the 8th day of April, 1904;-, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office-on the 14th -day of April, 1904, denying the defendant’s motion for a, new trial made. -upon the minutes. , '■

1Opinion of the Court

Ingraham, J.:

The -appeal in this-action was argued in the April term and the judgment and order reversed and new trial ordered, the opinion ,being reported in 104 Appellate Division, 337.

Upon-a further.consideration of this case on a motion for a.reargum.ent it appeared to the court that, evidence in. relation to the attachment of the rope tó the socket had been overlooked and we, therefore, ordered a reargnment, (105 App. Div. 641.) Upon such reargument the question presented-on the appeal now before the court is. to be. determined on the original record.- . Oh the affirmance by the Court-of…

2Cases cited5 opinions

  1. Devlin v. . SmithNew York Court of Appeals · 1882
  2. Kahner v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Connors v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. Connors v. . Great Northern Elevator CompanyNew York Court of Appeals · 1904
  5. Jones v. BrinsmadeAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. Huston v. DobsonAppellate Division of the Supreme Court of the State of New York · 1910
  2. Dougherty v. D. C. Weeks & SonAppellate Division of the Supreme Court of the State of New York · 1908
  3. Poole v. American Linseed Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. Wiseblood v. Omaha Merchants Express & Transfer Co.Nebraska Supreme Court · 1915
  5. Brady v. Claremont Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1919

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