Bergen v. Morton Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morton Amusement Company, Inc., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of May, 1916, upon the verdict of a jury for $1,500. ' The appellant appeals from the whole of said judgment including the part thereof which dismissed the complaint upon the merits as against the defendants, Charles Shaffer and another, and also from an order entered in…
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Appeal by the defendants, Morton Amusement Company, Inc., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of May, 1916, upon the verdict of a jury for $1,500. ' The appellant appeals from the whole of said judgment including the part thereof which dismissed the complaint upon the merits as against the defendants, Charles Shaffer and another, and also from an order entered in said clerk’s office on the 30th day of June, 1916, denying their motion for a new trial made upon the minutes.
1Opinion of the Court
De Angelis, J.:
The appeal as against the defendants Shaffer is dismissed by consent.
The action is for personal injuries due to the alleged negligence of the defendants.
The defendant Morton Amusement Company, Inc., was the owner of a lot of land situated on the northerly side of Connecticut street, a short distance west of Sixteenth street, in the city of Buffalo, and was engaged in building a moving picture theatre thereon at the time of the accident hereinafter referred to. The defendant Thomas L. Saltarelli was awarded the contract by the amusement company to provide all materials for and…
2Cases cited8 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Blake v. . FerrisNew York Court of Appeals · 1851
- Dorrity v. . RappNew York Court of Appeals · 1878
- Berg v. . ParsonsNew York Court of Appeals · 1898
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3Cited by14 opinions
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- Union Course Holding Corp. v. Tomasetti Construction Co.New York Supreme Court · 1944
- Wachsman v. TOBACCO PRODUCTS CORPORATIONDistrict Court, D. New Jersey · 1941
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