Kircher v. Iron Clad Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1909, upon the verdict of a jury for $2,250, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1909, upon the verdict of a jury for $2,250, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes. The intestate was employed by the defendant to run an elevator in its mercantile establishment, where it sold the goods it made in its adjoining factory.
1DissentBurr, J.
I dissent, and think that the motion to set aside the verdict and for a new trial should have been granted, first, because the overwhelming weight of evidence is to the effect that plaintiff’s intestate was physically competent, and did “ possess the judgment, discretion, care and caution necessary” to justify his engagement to operate an elevator in the defendant’s establishment, which, as the evidence showed, was properly constructed and installed and in perfect order; second, because there is not the slightest evidence from which the jury could determine how the accident happened which…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Lowry v. Anderson Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Dragotto v. PlunkettAppellate Division of the Supreme Court of the State of New York · 1906