Soderman v. . Kemp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hay 9, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought against the Troy Iron and Steel Company, the original defendant, to recover damages for injuries received by plaintiff alleged to have been caused by said defendant’s negligence. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hay 9, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought against the Troy Iron and Steel Company, the original defendant, to recover damages for injuries received by plaintiff alleged to have been caused by said defendant’s negligence. The facts, so far as material, are stated in the opinion. Upon the whole evidence, or any reasonable construction of it, this action ought not to be maintained, and the judgment affirming…
1Opinion of the CourtGray, J.
The plaintiff has recovered damages against the defendant for personal injuries sustained by him, upon a claim that it was negligent. In our judgment, the evidence was altogether insufficient to establish any cause of action and the defendants’ motion for a non-suit should have been granted. There was nothing disclosed in the circumstances surrounding the occurrence, which evidenced any failure of that duty which the defendant owed to the plaintiff as its employé, and it was error to submit the case to the jury for a verdict, when no inference of neglect was possible.
The defendant was engaged…
2Cited by7 opinions
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- Patterson v. MelchiorSupreme Court of Minnesota · 1909
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