Walker v. Newton Falls Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Newton Falls Paper Company, from a judgment of the Supreme. Court in favor of the plaintiff,., entered in the office of. the clerk of the county of St. Lawrence- on the 14th day of January, 1905, up.on the verdict of a jury -for $5,000; also from an Order entered in said clerk’s office'on the 5th ' day of January, 1905? denying the defendant’s motion for a new trial made upon the minutes, and also, from an order entered in said clerlc-’s office…
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Appeal by the defendant, the Newton Falls Paper Company, from a judgment of the Supreme. Court in favor of the plaintiff,., entered in the office of. the clerk of the county of St. Lawrence- on the 14th day of January, 1905, up.on the verdict of a jury -for $5,000; also from an Order entered in said clerk’s office'on the 5th ' day of January, 1905? denying the defendant’s motion for a new trial made upon the minutes, and also, from an order entered in said clerlc-’s office on the 14th day of January, 1905, granting the plaintiff an extra, allowance of costs. ;
1Opinion of the Court
Chester, J.:
This case was here on a former appeal, and as the facts are quite fully stated in the report of our decision'on'that appeal (99 App. Div. 47), substantially all of which are again proven in this .record,, it is unnecessary here to -restate‘the facts in- detail. The only fact of any importance there stated-which ..was not proven on the trial, now to be reviewed was that the set screw which caused the plaintiff’s injuries had been uncovered by the defendant before the accident and the covering had not .been replaced, but then, as now, the . proof .was that-.it was uncovered at the…
2Cases cited5 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Wooley v. . Grand Street Newtown R.R. Co.New York Court of Appeals · 1880
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Lundbeck v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
- Walker v. Newton Falls Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904