Legal Opinion

Hein v. Sulzberger & Sons Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1916PublishedCited by 8 opinions

Appeal by the plaintiff, George Hein, from a judgment of the Supreme Court in favor of the defendant Eoy D. White, entered in the office of the clerk of the county of Erie on the 16th day of November, 1916, upon the verdict of a jury for no cause of action.

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Appeal by the plaintiff, George Hein, from a judgment of the Supreme Court in favor of the defendant Eoy D. White, entered in the office of the clerk of the county of Erie on the 16th day of November, 1916, upon the verdict of a jury for no cause of action. Appeal by the defendant, The Sulzberger & Sons Company of America, 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 10th day of April, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of May, 1916, denying…

1Per curiam

The plaintiff seeks to recover damages in this action by reason of acts of negligence of defendant White while acting as superintendent of defendant The Sulzberger & Sons Company of America, joining the superintendent individually as a codefendant with his principal. No negligence is alleged save that of the superintendent. The jury returned a verdict of no cause of action against defendant White, the superintendent, but found for the plaintiff against the principal, The Sulzberger & Sons Company of America, in the sum of $3,500.

We think such verdict was inconsistent, and leads to reversal of…

2Cases cited1 opinion

  1. Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914

3Cited by8 opinions

  1. Barnes v. AshworthSupreme Court of Virginia · 1930
  2. Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
  3. Lasher v. McAdamNew York Supreme Court · 1925
  4. Schubert v. August Schubert Wagon Co.Appellate Division of the Supreme Court of the State of New York · 1928
  5. Andrasko v. CalkinsNew York Supreme Court · 1965

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