Wagner v. H. Herrmann Lumber Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by John Wagner against the H. Herrmann Lumber Company. From an order setting aside a verdict in plaintiff’s favor and granting a new trial, plaintiff appeals.
1Opinion of the CourtWhitney, J.
This is an action to recover damages for personal injuries suffered by the plaintiff while working upon a circular saw, which was in a defective condition. Plaintiff recovered a verdict, which was set aside by the trial judge upon the ground that according to the weight of the evidence he had sued the wrong defendant.
Mrs. Rosie Herrmann was the president of two different corporations, namely, the H. Herrmann Lumber Company (this defendant) and the Herrmann Furniture & Plumbers’ Cabinet Works. These two corporations had the same main office and telephone. Plaintiff was an immigrant, whose…
Also in this document: Concurrence.
2Cases cited6 opinions
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Dallin v. MayerAppellate Division of the Supreme Court of the State of New York · 1907
- Ludwig v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by5 opinions
- Jackson v. Olin J. Stephens, Inc.New York City Court · 1913
- Beiner v. GoetzNew York Supreme Court · 1913
- Berkman v. FriedmanCity of New York Municipal Court · 1918
- Jash-Lap Realty Co. v. FishmanCity of New York Municipal Court · 1921
- Levine v. LevineAppellate Terms of the Supreme Court of New York · 1916