Morman v. Rochester Machine Screw Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Harriet J. Merman, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant, rendered by direction of the court after a trial at the Monroe Trial Term.
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Motion by the plaintiff, Harriet J. Merman, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant, rendered by direction of the court after a trial at the Monroe Trial Term. The action is brought to recover damages for personal injuries, sustained by the plaintiff in consequence of her falling into an elevator well in a building owned and occupied by the defendant.
1Opinion of the Court
Adams, P. J.:
•When this case (sub noon. Cogswell v. Rochester Machioie Screw Co.) was here upon appeal from an order granting the defendant a new trial (39 App. Div. 223) we affirmed the order appealed from upon the ground that the evidence did not show that the defendant’s-employee, to whose negligence the accident which caused the plaintiff’s injury was attributed, was acting within the scope of his authority when he assumed to conduct the plaintiff to the elevator. Upon the last trial, however, this defect was remedied and evidence was given by a number of witnesses which tended to show…
2Cases cited3 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Tousey v. . RobertsNew York Court of Appeals · 1889
- Cogswell v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Jolliffe v. MillerAppellate Division of the Supreme Court of the State of New York · 1908
- Hamblet v. Buffalo Library Garage Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Machiea v. HaydenAppellate Division of the Supreme Court of the State of New York · 1915
- Einhorn v. West 67th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1920