Connor v. Koch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,.Henry G. F. Koch and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 8th day of February, 1901, upon the verdict of a- jury for $6,000, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying said defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants,.Henry G. F. Koch and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 8th day of February, 1901, upon the verdict of a- jury for $6,000, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying said defendants’ motion for a new trial made upon the minutes. The action is brought to recover for the death of George Connor, which, it is alleged, was caused through the negligence of the appellants and of the General Fire Extinguisher Company,…
1Opinion of the Court
Laughlin, J.:
There are four grounds upon which the judgment should be reversed, and they will be considered separately :
First. In view of the last proposition charged, quoted in the statement of facts, the evidence on which the jury were permitted to infer negligence on the part of Baumann was slight indeed. It appeared that in the main his back was turned to the loading of the elevator and his attention was drawn to holding the elevator in place and to prevent its settling toward the basement while being-loaded. The only authority he assumed to exercise over the loading was to see that the…
2Cases cited9 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Dohn v. DawsonNew York Supreme Court · 1895
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3Cited by4 opinions
- Walsh v. RiesenbergAppellate Division of the Supreme Court of the State of New York · 1904
- Connor v. KochAppellate Division of the Supreme Court of the State of New York · 1903
- Walsh v. RiesenbergAppellate Division of the Supreme Court of the State of New York · 1905
- Connor v. General Fire Extinguisher Co.Appellate Division of the Supreme Court of the State of New York · 1902