Welle v. . Celluloid Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in admitting the opinion evidence of plaintiff’s alleged expert, Southard.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in admitting the opinion evidence of plaintiff’s alleged expert, Southard. (Dougherty v. Milliken, 163 N. Y. 527; Harley v. B. C. Mfg. Co., 142 N. Y. 31; Bookman v. Masterson, 83 App. Div. 4; Schutz v. U. Ry. Co., 181 N. Y. 33 ; Winters v. Naughton,…
1Opinion of the CourtChase, J.
This action is brought to recover damages for personal injuries, and it has been twice tried. The facts appearing in the present record, so far as they are material to the question now considered, are substantially as stated in the opinion on the former appeal to this court, which is reported in 175 N. Y. at page 401.
The plaintiff on the trial called a witness, who; after stating his experience as a consulting and mechanical engineer, was given the hook from which the pot slipped when the plaintiff was injured, and to him was described the apparatus with which the pot and hook are used, and…
2Cases cited3 opinions
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Schutz v. . Union Railway Co.New York Court of Appeals · 1905
3Cited by5 opinions
- Bearss v. Westbury Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Pearce v. . StaceNew York Court of Appeals · 1913
- Prime v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1909
- Blind v. Rochester Aeronautical Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Curtis v. Hudson Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911