Legal Opinion

Rosenstein v. McCutcheon

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

Decided May 29, 1914Published

Action by Meyer Rosenstein against James Mc-Cutcheon.

1Per curiam

The proofs in this case fail to show any causal connection between the accident and the alleged defects in the appliances of the elevator. It was error, therefore, to submit this question to the jury as bearing upon the claim of the defendant’s negligence. This error is serious enough to require a reversal of the judgment and the order denying the motion for a new trial. Judgment and order reversed, and new trial granted; costs to abide the event. See, also, 155 App. Div. 278, 140 N. Y. Supp. 315.

2Cases cited1 opinion

  1. Rosenstein v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1913