Legal Opinion

Dorney v. O'Neill

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

Decided July 1, 1901PublishedCited by 4 opinions

Appeal by the defendant, Hugh O’Neill, 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 22d day of May, 1900, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s- office on the 21st day of May, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

O’Brien, J.:

The action was brought to recover for personal injuries sustained by the plaintiff while passing through a dark and narrow passageway in the delivery department of the store of the defendant, his employer, on the evening of November 25, 1895. There have been two appeals; one in this court (34 App. Div. 497), when a judgment in plaintiff’s favor was reversed; and the other in the second department (49 App. Div. 8), when there was a reversal of a judgment dismissing the complaint. This obviates the necessity of giving a general statement of the facts. As appears from the opinion of…

2Cases cited3 opinions

  1. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  2. Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1900
  3. Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by4 opinions

  1. Colonna Shipyard, Inc. v. BlandSupreme Court of Virginia · 1928
  2. Strobel v. Gerst Bros. Manufacturing Co.Missouri Court of Appeals · 1910
  3. Butterfield v. StateAppellate Division of the Supreme Court of the State of New York · 1923
  4. Wells v. C. A. Agar & Co.Appellate Division of the Supreme Court of the State of New York · 1917

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