Legal Opinion

Tremaine v. McAllister Navigation Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1939Published

1Per curiam

In an action to recover damages for injuries sustained due to the explosion of a water boiler in connection with coffee-making equipment, alleged to have been caused by the negligence of defendants, the court directed a verdict in favor of plaintiff, leaving to the jury the assessment of damages. At the end of plaintiff’s case the complaint was dismissed as against the individual defendant on consent.

There was a strong conflict of fact involved. At the end of the whole case appellant’s counsel moved for the direction of a verdict and “ in the alternative, that the case be submitted to the…

2Cases cited2 opinions

  1. Happel v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1924
  2. Mann v. Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913

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