Dooling v. Verein
Appellate Division of the Supreme Court of the State of New York
Appeal by .the plaintiff, James Dooling, 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 27th day of April, 1903, upon the dismissal of the complaint by direction, of the court’ after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 21st day of May, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
Giving to the plaintiff the benefit of every inference which may fairly be drawn in his favor, as we are bound to do upon an appeal of this character, the facts which constitute his cause of action as proved upon the trial may be stated as follows :
At the time of the accident which has given rise to this action the plaintiff as an assistant engineer had been in the employment of the defendant corporation in its clubhouse in the city of Mew York for ajperiod of about two weeks. In the clubhouse was an electric fan used for ventilating purposes. This fan was set in motion…
2Cases cited1 opinion
- Crispin v. . BabbittNew York Court of Appeals · 1880
3Cited by2 opinions
- Oklahoma Portland Cement Co. v. BrownSupreme Court of Oklahoma · 1914
- Fouquet v. New York Central & Hudson River RailroadNew York Supreme Court · 1907