Lipp v. Otis Bros. & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Otis Brothers & Co., from a judgment of the Supreme Court in favor of the plaintiff as against the defendant Otis Brothers & Co., entered in the office of the clerk of the county of Hew York on the 17th day of Hay, 1897, upon the verdict of a jury for $5,000, which judgment also dismissed the complaint as to the defendants Charles J. Gillis and Stephen J. Geoghegan and Benjamin Altman, and also from an order entered in said clerk’s office on the 13th…
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Appeal by the defendant Otis Brothers & Co., from a judgment of the Supreme Court in favor of the plaintiff as against the defendant Otis Brothers & Co., entered in the office of the clerk of the county of Hew York on the 17th day of Hay, 1897, upon the verdict of a jury for $5,000, which judgment also dismissed the complaint as to the defendants Charles J. Gillis and Stephen J. Geoghegan and Benjamin Altman, and also from an order entered in said clerk’s office on the 13th day of Hay, 1897, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by the plaintiff, as administrator, of George Lipp, deceased, against the corporation of Otis Brothers & Co., appellant, and the firm of' Gillis & Geoghegan and one Benjamin Altman, to recover damages resulting from the death of the decedent, alleged. to have been caused by the negligence of the *230defendants.. Upon the trial of the action the complaint was dismissed' as against the defendants Gillis & Geoghegan and Altman,, and the jury found a verdict in favor of the plaintiff against the corporation Otis Brothers & Co.,, the present appellant..'
In…
2Cases cited1 opinion
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
3Cited by1 opinion
- Demarest v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905