Kalbach v. Ross
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Gottfried Kalbach, as administrator, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in' the first instance, a nonsuit having been granted at the close of the plaintiff’s evidence on a trial at the Erie Trial Term.
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Motion by the plaintiff, Gottfried Kalbach, as administrator, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in' the first instance, a nonsuit having been granted at the close of the plaintiff’s evidence on a trial at the Erie Trial Term. This is a common-law action and was commenced on the 1st day of October, 1909, to recover damages sustained by the heirs anrl next of kin of the plaintiff’s intestate because of his death alleged to have been caused solely through the negligence of the defendant. j
1Opinion of the Court
McLennan, P. J.:
The material facts are not in dispute and a nonsuit having been granted plaintiff is entitled to the most favorable inferences deducible therefrom.
The accident which is the subject of this litigation occurred at about noon on the 26th day of July, 1909. At the time plaintiff’s intestate was employed by defendant as.. a teamster and in the regular course of his employment • drove a .pair of horses drawing a heavy wagon to the freight house of the Lehigh Valley Railroad Company in the city of Buffalo to obtain for'his employer a crusherhead, so called, being a casting, funnel…
2Cases cited1 opinion
- Koehler v. Syracuse Specialty Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Colleren v. Underpinning & Foundation Co.Appellate Terms of the Supreme Court of New York · 1912
- Kalbach v. RossAppellate Division of the Supreme Court of the State of New York · 1911