Lester v. Crabtree
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry Crabtree and others, from an order of the Supreme Court, entered in the office of the clerk of the county of Orange on the 19th day of September, 1907, granting the plaintiff’s motion made upon the minutes to set aside the direction dismissing the complaint at the close of plaintiff’s case at the Orange Trial Term, and for a new trial of the action.
1Opinion of the Court
Jenks, J.:
I think that the original disposition of this case was correct, because the plaintiff had failed to adduce any proof that justified the conclusion that her intestate was free from contributory negligence. There was no eye-witness to the accident. While we may infer that the intestate’s hand was caught in the moving cog wheels of the machine and her fingers thereby cut off, all else is but conjecture and speculation aside from the testimony of the sister and fellow-servant of the intestate that two or three minutes after she had seen the intestate cleaning some part of the framework…
2Cases cited1 opinion
- Wilson v. New York MillsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Lester v. CrabtreeAppellate Division of the Supreme Court of the State of New York · 1909