Ithaca Trust Company v. . Driscoll Brothers Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 5, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, his employer.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 5, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, his employer. The intestate, while working as a carpenter on d building in course of erection by defendant, fell from a beam and received injuries resulting in his death. The theory of defendant’s negligence on which the case was submitted to…
1Opinion of the Court
Order affirmed and judgment absolute ordered against appellant on stipulation, with costs in all courts, upon the ground that the trial justice erred in charging the jury, in effect, that they might find that the opening in the floor caused the intestate to fall by reason of dizziness or fear on his part; and in further charging that they could not find the defendant guilty of negligence unless the specific act of falling was caused in whole or in part by the opening in the floor; thereby withdrawing from the jury the question as to whether or not the opening caused, in whole or in part, the…
2Cited by10 opinions
- Rusin v. Jackson Heights Shopping Center, Inc.New York Court of Appeals · 1970
- Olsommer v. George W. Walker & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Bignami v. Caristo Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1973
- Rusin v. Jackson Heights Shopping Center, Inc.New York Supreme Court · 1968
- Vassiliades v. Joseph P. Blitz, Inc.New York Supreme Court · 1962
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