Fearon v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, New York Life Insurance Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1913, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’ office on the 3d day of April, 19l3, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, P. J.:
I concur in the reversal of this judgment on the ground that the evidence did not justify a submission of the case to the jury. I also agree that the errors pointed out by my brother Laughlin are such as to require a reversal.
McLaughlin and Scott, JJ., concurred.
Laughlin, J.:
This is a statutory action to recover for the death of Bernard Fearon which was caused by an ash hoist descending upon him in the basement of defendant’s building at 346 Broadway, borough of Manhattan, New York, while he was in its employ on the night of February 5, 1912. The decedent was forty-six years…
2Cases cited1 opinion
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1904
3Cited by3 opinions
- Tinney v. Neilson's Flowers, Inc.New York Supreme Court · 1969
- Blind v. Rochester Aeronautical Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Drinon v. WilsonCourt of Appeals for the Second Circuit · 1940