Cefola v. Siegel-Cooper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment in favor of the plaintiff entered upon the verdict of a jury at the Queens County Trial Term. The action was for damages for negligence by employe against employer.
1Dissent
Gaynor, J. (dissenting):
There being no appeal from the order denying the motion for a new trial on the minutes, but only from the judgment, we may review the exceptions only. The only exceptions presented to us as erroneous by the learned counsel for the appellant in his brief and orally are the exception to the denial of the motion to dismiss at the close of the plaintiff’s case, and another to the admission of evidence. Although in the making up of the case and exceptions the former was inserted it cannot be considered, the defendant having thereafter put in evidence. It is a -vain thing…
2Cases cited4 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Lundbeck v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
- Morrow v. Westchester Electric Railway Co.New York Supreme Court · 1900
3Cited by1 opinion
- Morgan v. Onward Construction Co.Appellate Terms of the Supreme Court of New York · 1909