McEwen v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Oscar W. McEwen, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Orange Trial Term in December, 1911.
1Dissent
Burr, J. (dissenting):
I dissent. The primary cause of plaintiff’s injury was not in any way traceable to defendant’s negligence. He stepped upon a bottle which some one had left upon the floor, slipped, and, in f alling, thrust out his hand and it came in contact with certain cogs upon the machine which he was operating. If it appeared that this bottle had been negligently left upon the floor near the machine by the defendant, or by any one for whose acts it was responsible, then a different question would have been presented. This primary act of negligence, in connection with the position of…
2Cases cited9 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
- Leeds v. . New York Telephone Co.New York Court of Appeals · 1904
- Scott v. . International Paper Co.New York Court of Appeals · 1912
- Martin v. Walker & Williams Manufacturing Co.New York Court of Appeals · 1910
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