Legal Opinion

Storrier v. . Mosier Summers

New York Court of Appeals

Decided July 11, 1917PublishedCited by 1 opinion

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted, and the court’s refusal to grant the same was error and the exception to such denial was well taken. (Williams v. F. Nat.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted, and the court’s refusal to grant the same was error and the exception to such denial was well taken. (Williams v. F. Nat. Bank, 118 App. Div. 555; Caddy v. 1. R. T. Co., 195 N. Y. 415; McCormick v. Thompson-Starrett Co., 80 Misc. Rep. 225.) The…

1Opinion of the CourtCuddeback, J.

The action is brought by the plaintiff to recover damages for personal injuries, occasioned, as he charges, by the negligence of the defendant.

The plaintiff was a plasterer employed by the defendant in the construction' of a building. The plasterers had finished with one of the rooms in the building, and at. the time of the accident the-plaintiff with his son, who is also a plasterer, was engaged in filling up the holes left in the walls for the plumbers and electricians to do their woi’k. Some of the holes were near the ceiling of the room, and to reach them it was necessary to have a…

2Cases cited5 opinions

  1. Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
  2. Schapp v. . BloomerNew York Court of Appeals · 1905
  3. Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907
  4. Holsapple v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Holsapple v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1914

3Cited by1 opinion

  1. Jeffrey v. H. W. Miller, Inc.New York Court of Appeals · 1917

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