Marx v. Ontario Beach Hotel & Amusement Co.
New York Court of Appeals
Appeal from a judgment, of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence of negligence on the part of defendant.
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Appeal from a judgment, of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence of negligence on the part of defendant. (McRorie v. Monroe, 203 N. Y. 426; Hubbell v. City of Yonkers, 104 N. Y. 439; Cleveland v. N. J. S. Co., 125 N. Y. 299; Faveo v. T. & W. T. B. Co., 4 App. Div. 241; Flynn v. W. D. M. Assn., 64 App. Div. 490; Beltz v. City of Yonkers, 148 N. Y. 67.) A…
1Opinion of the CourtWerner, J.
The familiar routine of our so-called negligence litigation is occasionally varied by a case, like the one at bar, which is so near the border line between non-actionable accident and the culpable act or omissi.on from which liability flows, that it •cannot easily be classified. In the review of all such cases it is important that errors in trials, which might be regarded as harmless when there is practically no question as to a defendant’s liability, should be scrutinized with strict regard for legal rules.
The circumstances at bar are quite unusual. On the 18th day of August, 1911, the…
2Cases cited6 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
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- Cassano v. HagstromNew York Court of Appeals · 1959
- People v. SamuelsNew York Court of Appeals · 1951
- Aetna Casualty & Surety Co. v. BarileAppellate Division of the Supreme Court of the State of New York · 1982
- State v. . DavidSupreme Court of North Carolina · 1942
- Hirschfeld v. IC Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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