Legal Opinion

Zettel v. Taylor

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

Decided October 22, 1908PublishedCited by 2 opinions

Appeal by the defendant, James Taylor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of February, 1908, upon the verdict of a jury for $500, as amended by an order entered in said clerk’s office on the 10th day of February, 1908, and also from an order entered in said clerk’s office on the 13th day of February, 1908, denying the said defendant’s motion for a new trial made upon the…

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Appeal by the defendant, James Taylor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of February, 1908, upon the verdict of a jury for $500, as amended by an order entered in said clerk’s office on the 10th day of February, 1908, and also from an order entered in said clerk’s office on the 13th day of February, 1908, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rich, J.: .

The only question presented for our consideration by this appeal is whether, upon the trial there was sufficient evidence connecting the defendant with the happening of the accident to justify the submission of the case to the jury. The complaint alleges : “ That the defendant, James Taylor, was at all the times hereinafter mentioned engaged in the construction, building, repairing and placing of certain iron fire escapes and the appurtenances thereto belonging ” upon a building in the city of New York. This allegation includes the-time of the accident and is admitted by'the…

2Cases cited2 opinions

  1. Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
  2. Jack v. McCabeAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. Flanagan v. F. W. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Zettel v. TaylorAppellate Division of the Supreme Court of the State of New York · 1908

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