Vitto v. Keogan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Giacomino Vitto, from an order of the Court of Common Pleas for the city and county of Hew York, entered in the office of the clerk of said court on the 30th day of December, 1895, granting a new trial upon the minutes of the court after a trial before the court and a jury and a verdict rendered for the plaintiff.
1Opinion of the Court
Williams, J.:
The action was brought to recover damages for personal injuries to the plaintiff, alleged to have been caused by the negligence of the defendants’ testator, who has died -since the verdict was rendered and the new trial ordered.
The ground upon which the new trial was ordered was that the negligence which caused the injuries was that of the foreman of the defendants’ testator, and that he was the co-employee of the plaintiff in such a sense that no recovery could be had by reason of such negligence. The jury passed upon the facts favorably to the plaintiff, and the court, in…
2Cases cited3 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Hussey v. . CogerNew York Court of Appeals · 1889
- People v. . AldenNew York Court of Appeals · 1889
3Cited by6 opinions
- Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
- Meeker v. C. R. Remington & Son Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Schott v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- Schott v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- Crowell v. ThomasAppellate Division of the Supreme Court of the State of New York · 1897
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