Muratore v. Pirkl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,' Joseph Muratore,. from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings.on the 18th day of April, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff was injured by the bursting of an emery wheel while he was working as an employee for the defendant. The learned trial justice dismissed his complaint at the close of his evidence in an action tried before a jury and brought to recover damages on a charge of negligence. No exception was taken to the dismissal of the complaint, and no motion was made for a new trial. None Of the exceptions taken to the rulings of the court upon the trial justifies a reversal of the judgment, but .the learned counsel for the appellant insists that it was error in the learned…
2Cases cited6 opinions
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Collier v. . CollinsNew York Court of Appeals · 1902
- Vollkommer v. . CodyNew York Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905