Meeker v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clark M. Smith and others, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the lfah day of" March, 1899, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 22d day of August,. 1902, denying the defendants’ motion for a new trial made upon a. case containing exceptions.
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Appeal by the defendants, Clark M. Smith and others, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the lfah day of" March, 1899, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 22d day of August,. 1902, denying the defendants’ motion for a new trial made upon a. case containing exceptions. The defendants Smith and Carroll leased certain fair grounds in. the city of Elmira in 1897, upon which was held, under their supervision, an interstate fair. One -of the…
1Opinion of the Court
Smith, J,:
The defendant Jones is sought to be charged as'a partner with the ■defendants Smith and Carroll. Without reciting the- evidence in •detail We are of opinion that there was sufficient proof of his interest in this enterprise to establish against him a prima facie case of part*113nership ; at least sufficient in the absence of explicit evidence upon his part as to the nature of his contract with the other defendants.
' One of the defendants’ contentions was that this accident was not caused by the negligent erection of this jack, but by the willful act of some stranger in cutting the rope…
2Cited by2 opinions
- Cushing v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Gabel v. Brooklyn, Queens County & Suburban RailroadAppellate Terms of the Supreme Court of New York · 1908