Fish v. Waverly Electric Light & Power Co.
New York Court of Appeals
Appeal from a judgment entered November 27,1905, upon an order of the Appellate Division of the Supreme Court in the third judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the nonsuit granted by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered November 27,1905, upon an order of the Appellate Division of the Supreme Court in the third judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the nonsuit granted by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is liable to the plaintiff for the injuries sustained by him because of the falling of the -lamp caused by the negligence of the defendant…
1Opinion of the CourtEdward T. Bartlett, J.
The plaintiff seeks in this action to recover damages for personal injuries received under a novel state of facts. A nonsuit was granted at the close of plaintiff’s case. It appears that a corporation known as the Gaitley Furniture Company, doing business at Waverly, FT. Y., employed the plaintiff as a clerk in its store. A main aisle ran from the front to the rear of this store in the center thereof. There were three large arc electric lamps suspended over this aisle, one in front of the store, one about the center and one near the rear, weighing twenty-six pounds each. The ceiling of the…
2Cases cited8 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Devlin v. . SmithNew York Court of Appeals · 1882
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Genen v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 1999
- Landon v. Kroll Laboratory Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- De Kwiatkowski v. Bear Stearns & Co., Inc.District Court, S.D. New York · 2000
- Inman v. Home Telephone & Telegraph Co.Washington Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.