Burns v. Fiat Automobile Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Patrick Burns against' the Fiat Automobile Company. From a judgment for plaintiff, defendant appeals. Judgment set aside, as against the evidence and against the weight of evidence, and a new trial granted. Argued December term, 1913, before SEABURY, GUY, and BI-JUR, JJ.
1Opinion of the CourtGuy, J.
Defendant appeals from a judgment in favor of plaintiff for damages for personal injuries sustained by plaintiff, an employé of defendant, through falling into an elevator pit; plaintiff alleging that the injury was due to the negligence of defendant in failing to furnish him with a safe place to work and failing to properly guard the- elevator pit.
Plaintiff introduced evidence as to insufficient lighting of the place of work, and, had that issue been submitted to the jury, a verdict based thereon might possibly be upheld. The trial justice, however, with the acquiescence of both counsel,…
Also in this document: Concurrence.
2Cases cited1 opinion
- Schlappendorf v. American Railway Traffic Co.Appellate Division of the Supreme Court of the State of New York · 1911