Connor v. Koch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry C. 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 New York on the 1st day of July, 1903, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 26th day of June, 1903, denying the said defendants’ motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendants, Henry C. 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 New York on the 1st day of July, 1903, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 26th day of June, 1903, denying the said defendants’ motion for a new trial made upon the minutes. The action is brought to recover damages resulting from the death of the plaintiff’s intestate. The General Fire Extinguisher Company had a contract for the installation of fire…
1Opinion of the Court
Hatch, J.:
In varying phases the substantial facts appearing in the present record have been before this court On two former appeals (Connor v. Koch, 63 App. Div. 257 ; Connor v. General Fire Extinguisher Co., 73 id. 624; affd. on appeal, 174 N. Y. 515). It is not necessary, therefore, that we state the facts of the case in any great detail. Upon the present record it' appears .that the elevator man Baumann, in the management of the elevator and its load, was acting as the servant and agent of the present defendants and not of the fire extinguisher company, and for his acts and omissions,…
2Cases cited3 opinions
- Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896
- Connor v. KochAppellate Division of the Supreme Court of the State of New York · 1901
- Connor v. . General Fire Extinguisher CompanyNew York Court of Appeals · 1903
3Cited by2 opinions
- Losee v. Paramount Hotel Corp.New York Supreme Court · 1930
- Walsh v. RiesenbergAppellate Division of the Supreme Court of the State of New York · 1905