Post v. Stockwell
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the verdict óf a jury. This action was brought against the above named defendant and one Alfred J. Eisher to recover for injuries alleged to have been sustained by the plaintiff by the falling upon her of a bag of paper thrown through a hatchway of the premises No. 21 Yesey street, New York, by a servant of'the defendant Eisher, who then occupied the premises, which injury was alleged to have been caused by the…
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Appeal from a judgment in favor of the plaintiff, entered on the verdict óf a jury. This action was brought against the above named defendant and one Alfred J. Eisher to recover for injuries alleged to have been sustained by the plaintiff by the falling upon her of a bag of paper thrown through a hatchway of the premises No. 21 Yesey street, New York, by a servant of'the defendant Eisher, who then occupied the premises, which injury was alleged to have been caused by the negligence of Charles Donohue, a servant of Eisher and one Erederick Muller, who was alleged to be at the time a servant of…
1Opinion of the Court
Davis, P. J.:
This action was brought originally against John C. Stockwell, the present appellant, and one Alfred J. Fisher, to recover damages for an injury alleged to have been sustained by the plaintiff by the negligence of the defendant’s servants. Pending the action and before trial the defendant, Alfred J. Fisher, died, and an order was made continuing the action against Mary F. Fisher as administratrix. On the trial, a verdict was rendered by the jury in favor of the plaintiff for the sum of $750, “ to be divided equally between the defendants, that is $375 against each of them.” Upon…
2Cases cited2 opinions
- Beal v. . FinchNew York Court of Appeals · 1854
- O'Shea v. KirkerThe Superior Court of New York City · 1859