Andrews v. Reiners
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, H. & H. Reiners, from a judgment of the Supreme Court in favor of the plaintiff for damages for the death of her intestate by the negligence of the defendant, entered in the office of the clerk of the. county of Kings upon thti verdict of a jury rendered after a trial at the Kings County Trial Term, - and also from an order entered in said clerk’s office denying the defendaht’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The witness Reiners being a stockholder of the defendant (a business corporation), the objection of the plaintiff to the questions to. him concerning personal transactions between him and the deceased were properly sustained. He was not competent to testify that he did not put the deceased to work on the scaffold which it was claimed was furnished by the defendant and fell under him from defectiveness and caused his death, and the like. The test of interest in a withess under section 829 of the Code of Civil Procedure is the old common-law rule of interest, and that rule classed…
2Cases cited4 opinions
- Pack v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Bopple v. Supreme TentAppellate Division of the Supreme Court of the State of New York · 1897
- Montgomery County Bank v. . MarshNew York Court of Appeals · 1852
- Washington Bank v. PalmerThe Superior Court of New York City · 1850
3Cited by6 opinions
- In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927
- Griggs v. Renault Selling Branch, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Raab v. National Slavonic Society of United States of AmericaAppellate Terms of the Supreme Court of New York · 1915
- Andrews v. H. & H. ReinersAppellate Division of the Supreme Court of the State of New York · 1906
- Andrews v. ReinersAppellate Division of the Supreme Court of the State of New York · 1906
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