Conyes v. Oceanic Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Kings county on the 24th day of October, 1908, and also from an order entered in said office on the 30th day of November, 1908, denying a motion for a new trial on the minutes; Judgment and order affirmed, without costs as to the first cause of action.
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Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Kings county on the 24th day of October, 1908, and also from an order entered in said office on the 30th day of November, 1908, denying a motion for a new trial on the minutes; Judgment and order affirmed, without costs as to the first cause of action. As to the second cause of action judgment and-order reversed and new trial granted, costs to abide the event. No opinion. Hirschberg, P. J., Jenks, Rich and Miller, JJ., concurred; Woodward, J., read for reversal as to…
1Dissent
Woodward, J. (dissenting):
The plaintiff has secureda judgment for §9,108.85 upon two causes of action for personal injuries. The action is brought at common law, no claim being made under the Employers’ Liability Act.* In the first causo of action the jury awarded a verdict for §7,000. The facts alleged in this cause were in substance that the plaintiff was employed by the defendant to drive a team drawing a fire engine to be used as a part of the spectacular performance of “Fighting the Flames” at Dreamland, Coney Island; that he was subsequently, and in connection with this employment,…
2Cases cited4 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Davenport v. Oceanic Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Damjanovic v. Herring-Hall-Marvin Safe Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903