Floettl v. Jonson Engineering & Foundry Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Jonson Engineering and Foundry Company, from a judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the 19th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Jonson Engineering and Foundry Company, from a judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the 19th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes. The facts in this case are set forth on the previous appeal, reported in 10 Appellate División, 308.
1Opinion of the Court
Patterson, J.:
When this case was before us on a former appeal (Floettl v. Third Avenue E. E. Co., 10 App. Div. 308), it was held that it should have been submitted to the jury on the testimony appearing in the record, to the effect that the plaintiff had received an assurance from the foreman in charge of the work that the cable cars would not run over the trench in which he was directed to work, until five o’clock on the morning of the day on which the accident occurred. A second trial having been had, a verdict was rendered in favor of the plaintiff, from the judgment entered upon which,…
2Cases cited1 opinion
- Floettl v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Horton v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1913