Del Sejnore v. . Hallinan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme .Court in the third judicial department, entered December 7, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court should have granted the application for a nonsuit. There is no view of the evidence in which a recovery should be sustained.
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Appeal from a judgment of the General Term of the Supreme .Court in the third judicial department, entered December 7, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court should have granted the application for a nonsuit. There is no view of the evidence in which a recovery should be sustained. (People v. Augsbury, 97 N. Y. 505; Needham v. L. & N. R. Co., 3 S. W. Rep. 797; Clement Case, 20 N. Y. S. R. 196;…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for injuries resulting in the death of the plaintiff’s intestate, alleged to have been sustained through the negligence of the defendants.
The defendants, as contractors, were engaged in putting in a system of water works for the village of Fort Edward under the direction and supervision of an engineer employed by the village. The work comprised the building of a reservoir and the laying of pipes for the distribution of water through the village. On the 27th day of June, 1893, the plaintiff’s intestate, with others, was engaged in excavating a trench…
2Cases cited1 opinion
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
3Cited by8 opinions
- Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Lehigh Valley R. v. ScanlonCourt of Appeals for the Second Circuit · 1919
- Welle v. . Celluloid Co.New York Court of Appeals · 1903
- Pyne v. . Cazenovia Canning Co.New York Court of Appeals · 1917
- Quinn v. BairdAppellate Division of the Supreme Court of the State of New York · 1900
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