English v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Milliken Brothers, Incorporated, from an order of the Supreme Court, made at the Ontario Trial'Term and entered in the office of the clerk of the county of Ontario on the 8th day of July, 1908, granting the-plaintiffs motion for a new trial made upon the minutes after a verdict rendered by a jury in favor of the defendant. . --
1Opinion of the Court
Williams, J.:
The order should be affirmed, with costs.
The action was brought to recover damages for personal injuries alleged to. have resulted from defendant’s negligence. The jury *503rendered a verdict for defendant. The motion was based oh all the grounds specified in section 999 of the Code of Civil Procedure, and was granted without in the order specifying any particular ground.
An opinion was written by the trial justice in which he placed his decision upon an alleged error in his charge, in that he held, as matter of law, that one Fitz Herbert, who - was directing the work at the time of…
2Cases cited7 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Faith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Faith v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1906
- Heffron v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1907
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3Cited by1 opinion
- Rodzborski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1912