Betzag v. Gulf Oil Corp.
New York Court of Appeals
I. The Appellate Division invaded the province of the jury in reversing the judgment of the trial court entered upon a jury’s verdict, upon the stated ground that there was no proof of a causal connection between the breaking of the rope ” and plaintiff’s injury and in dismissing the complaint upon the ground that “ the accident was not one within reasonable range of anticipation (Cornbrooks v. Terminal Barber Shops, Inc., 282 N. Y. 217; Ingersoll v. Liberty Bank of Buffalo,…
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I. The Appellate Division invaded the province of the jury in reversing the judgment of the trial court entered upon a jury’s verdict, upon the stated ground that there was no proof of a causal connection between the breaking of the rope ” and plaintiff’s injury and in dismissing the complaint upon the ground that “ the accident was not one within reasonable range of anticipation (Cornbrooks v. Terminal Barber Shops, Inc., 282 N. Y. 217; Ingersoll v. Liberty Bank of Buffalo, 278 N. Y. 1; Carr v. City of New York, 281 N. Y. 469; Maguire v. Barrett, 223 N. Y. 49.) II. The Appellate Division…
1Opinion of the CourtLewis, J.
The appellant’s intestate, a driver of an oil tank trailer truck, instituted this action during his lifetime to recover for personal injuries sustained by him when, during a tank-filling operation upon premises maintained by the defendant corporation, he fell to the ground from a catwalk on the oil truck he was operating.
At Trial Term a jury awarded a verdict to the plaintiff, whose death occurred eleven weeks after the trial. Although since the death of the plaintiff his widow has prosecuted the action as administratrix of his estate, it will be convenient to refer to the decedent as the…
2Cases cited7 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Dillon v. Rockaway Beach Hospital & DispensaryNew York Court of Appeals · 1940
- Rosenberg v. SchwartzNew York Court of Appeals · 1932
- Osipoff v. City of New YorkNew York Court of Appeals · 1941
- Faber v. . City of New YorkNew York Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
- Naquin v. Marquette Casualty CompanySupreme Court of Louisiana · 1963
- Dunham v. Village of CanisteoNew York Court of Appeals · 1952
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
26 more not listed; retrieve them via the Exa API.