Kirby v. Lackawanna Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lackawanna Steel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on thé 22d day of March, 1905, upon th,e verdict ■ of a jury for S^OO, and also from an order entered in said clerk’s office on the 23d day of March,' 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed upon questions of law only, and a new trial directed, with costs to appellant to abide event. ' -
The action is for damages for personal injuries alleged to have been received as a result of the defendant’s negligence.
There seems to be no controversy as to the accident and injuries, and the verdict should not be disturbed, if the defendant is the party liable to the plaintiff at all.
The claim is that the “Lake Erie. Engineering Works” alone is liable, and this is the only question involved on this appeal.
The business in which the…
2Cited by5 opinions
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- Wasilowski v. Park Bridge Corp.Court of Appeals for the Second Circuit · 1946
- Commercial Credit Co. v. L. A. Benson Co.Court of Appeals of Maryland · 1936
- Cone v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1908