Maier v. Duffin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie Maier, an infant, etc., from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 19th day of March, 1908, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff for $2,500, and granting a new trial, and also from an order entered in said clerk’s office on the ,21st day of March, 1908, vacating a judgment in plaintiff’s favor duly…
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Appeal by the plaintiff, Marie Maier, an infant, etc., from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 19th day of March, 1908, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff for $2,500, and granting a new trial, and also from an order entered in said clerk’s office on the ,21st day of March, 1908, vacating a judgment in plaintiff’s favor duly entered upon such verdict.
1Opinion of the Court
Woodward, J.:
The evidence in this case concededly presented a question for the determination of the jury, for the defendant made no motion to dismiss the complaint or for the direction of a verdict. It was submitted to the jury under a charge to which no exception was taken by the defendant, and the evidence fully sustains the verdict of the jury. The action was based on negligence, and the principal question of fact related to the act of the defendant in setting fire to a bundle of papers upon his own premises, it being claimed that the fire thus started by him was negligently permitted to…
2Cited by3 opinions
- Atlantic Oil Producing Co. v. JacksonTexas Supreme Court · 1927
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Garrison v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1914