White v. Eidlitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles H. White and another, as administrators, etc., of David G. Robertson, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 30th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term-.
1Opinion of the Court
O’Brien, J. :. This action, brought to recover damages for alleged negligence in the operation of the defendants’ elevator, resulting in the death of plaintiffs’ intestate, who was defendants’ workman, was previously considered by this court on an appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury (White v. Eidlitz, 19 App. Div. 256), and a new trial was ordered on the ground that the evidence was insufficient to show, that the defendants had authorized the use of the elevator by the decedent or' were responsible for the obstructions in the way of the…
2Cases cited2 opinions
- White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1897
- James v. HornAppellate Division of the Supreme Court of the State of New York · 1897