Dean v. Driggs
New York Supreme Court
Appeal from circuit court, New York county. Action by Robert J. Dean and another against Marshall S. Driggs. Judgment was entered on verdict for plaintiff, and an order was entered denying a motion for a new trial. Defendant appeals. For order denying motion to dismiss appeal, see 5 N. Y. Supp. 947, mem.
1Opinion of the CourtDaniels, J.
The action has previously been before this court upon an appeal from a judgment dismissing the complaint. As the evidence was then presented the case was regarded as one for the jury, and the judgment was directed to be reversed and a new trial had. Dean v. Driggs, 44 Hun, 480. The trial upon which the present judgment has been recovered took place under this direction, and to sustain the appeal the court has been urged to reconsider the point upon which the liability of the defendant has been made to-depend. He was a warehouseman, and received into his warehouse upwards of 2,463 barrels,…
2Cases cited3 opinions
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872
- Robson v. SwartSupreme Court of Minnesota · 1869
3Cited by1 opinion
- Dean v. DriggsNew York Supreme Court · 1894