La Rocca v. Farrington
New York Court of Appeals
1Per curiam
On the facts of this case — which are sufficiently stated in the dissenting opinion filed herewith — it was error for the trial court to set aside the jury verdict in favor of the plaintiff and dismiss his complaint. We agree that the Appellate Division quite properly reinstated the verdict against the defendants-appellants, the Turner and Farrington companies, on the authority of MacPherson v. Buick Motor Co. (217 N. Y. 382). The uncontradicted testimony of the expert that the crack in the fracture face of the link that broke had existed for at least two years and its existence was…
2Cases cited9 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- John Wanamaker, New York, Inc. v. Otis Elevator Co.New York Court of Appeals · 1920
- Muscelli v. Frederick Starr Contracting Co.New York Court of Appeals · 1947
- Caldarola v. Moore-McCormack Lines, Inc.New York Court of Appeals · 1946
- Connors v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1904
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3Cited by26 opinions
- Prieto v. Maryland Casualty Co.Supreme Court of Puerto Rico · 1970
- Varas v. Barco Manufacturing Co.California Court of Appeal · 1962
- National Screen Service Corporation v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1966
- Dufur v. LavinAppellate Division of the Supreme Court of the State of New York · 1984
- Sarnoff v. Charles Schad, Inc.New York Court of Appeals · 1968
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