Marks v. Stolts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Marks, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 26th day of June, 1914, vacating and setting aside the verdict of a jury in his favor for the sum of $7,500.
1Opinion of the Court
McLaughlin, J.:
The defendant moved to set the verdict aside upon the exceptions taken during the trial and that it was contrary to evidence. The motion was granted and the appeal presents the question of whether any of the exceptions would be fatal to the judgment entered upon the verdict, and also whether the verdict is contrary to the evidence. The court charged the jury “That even though you find that the plaintiff knew of the defective condition of the dog, you cannot find from that fact that he assumed the risk of injury therefrom.” This, I think, was an erroneous instruction as to the…
2Cases cited3 opinions
- Hurley v. . OlcottNew York Court of Appeals · 1910
- Bria v. Westinghouse, Church, Kerr & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Larsen v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Rochefort v. Teche Lines, Inc.Louisiana Court of Appeal · 1939