Doratio v. Jackson
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Percy Jackson, as trustee, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance after the jury had rendered a verdict in plaintiff’s favor for $17,500 upon a trial at the Niagara Trial Term in October, 1913.
1Opinion of the Court
Kruse, P. J.:
The plaintiff had a verdict for personal injuries sustained while employed in the work of blasting rock, resulting from the premature explosion of a blast. After the verdict had been rendered and the jury discharged the plaintiff’s complaint was dismissed upon defendant’s motion for a nonsuit and the direction of a verdict for the defendant, the decision of which was pending when the case was submitted to the jury and the plaintiff’s exceptions ordered heard at the Appellate Division in the first instance.
I think the case was properly submitted to the jury, that the charge was…
2Cases cited6 opinions
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- Bank of Charleston v. EmericThe Superior Court of New York City · 1850
- Adams v. . Greenwich Insurance Co.New York Court of Appeals · 1877
- Herman v. P. H. Fitzgibbons Boiler Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Whitwell v. WrightAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by2 opinions
- Jackson v. HansardWyoming Supreme Court · 1933
- Skelley v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1937