Paul v. . Consolidated Fireworks Co.
New York Court of Appeals
Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 5, 1912, affirming by a divided court a judgment in favor of plaintiff rendered upon a verdict.
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Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 5, 1912, affirming by a divided court a judgment in favor of plaintiff rendered upon a verdict. The 'actions were tried together — the first being an action by an infant against his employer to recover damages alleged to have been sustained by reason of the employer’s negligence; and the second being the father’s action against the same defendant to recover for loss of services. The facts, so far as material, are stated in the…
1Opinion of the Court
Willard Bartlett, Ch. J.
This case produces a very unfavorable impression at the outset in one respect. It was originally tried on one theory as to the cause of the explosion by which the infant plaintiff was injured. That theory was declared to be wholly untenable by the Appellate Division and without any evidence to sustain it. (Paul v. Consolidated Fireworks Co., 133 App. Div. 310.) On the trial now under review an entirely different theory, utterly irreconcilable with the first, was presented, and this also has prevailed with the jury.
The infant plaintiff was badly injured by the explosion…
2Cases cited6 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Reiss v. New York Steam Co.New York Court of Appeals · 1891
- Cleveland v. New Jersey Steamboat Co.New York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Mobil Oil Credit Corp. v. DST Realty, Inc.Missouri Court of Appeals · 1985
- Bush v. GoodnoAppellate Division of the Supreme Court of the State of New York · 1931
- Pickering v. CorsonCourt of Appeals for the Seventh Circuit · 1939
- Restivo v. ConklinAppellate Division of the Supreme Court of the State of New York · 1916
10 more not listed; retrieve them via the Exa API.