Legal Opinion

Dobler v. Conron Bros.

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1915Published

Appeal by the defendant, Conron Brothers Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 16th day of June, 1914, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 15th day of June, 1914, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Lahghlin, J.:

On the 17th day of January, 1914, the plaintiff was very severely injured by falling into a freight elevator shaft from the third floor of the defendant’s five-story building at the northeasterly corner of Tenth avenue and Thirteenth street, borough of Manhattan, New York; and he has recovered a large verdict, but it is not claimed that it is excessive.

The plaintiff alleged that he was in the employ of the defendant at the time of the accident and the recovery was had on that theory. It is contended in behalf of the appellant that the plaintiff was not in its employ, but was in…

2Cases cited5 opinions

  1. Dahlstrom v. . GemunderNew York Court of Appeals · 1910
  2. Talbot v. . LaubheimNew York Court of Appeals · 1907
  3. Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
  4. Knickerbocker v. General Railway Signal Co.New York Court of Appeals · 1913
  5. Judd v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913

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