Rosa v. Volkening
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffi Michael Rosa, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 15th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 22d day of December, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The complaint sets forth a cause of action against the defendants for damages resulting from personal injuries sustained by the plaintiff by the falling of a derrick which was being used to elevate timbers for the construction of two buildings on Mills street, Astoria, Queens county. . At the close of the plaintiff’s evidence a motion was made to dismiss the complaint on the grounds that the plaintiff had failed to show that there was a partnership existing between the defendants or that there were facts which would make either of them liable; that there was no evidence to show…
2Cases cited6 opinions
- Spencer v. WorthingtonAppellate Division of the Supreme Court of the State of New York · 1899
- McCarthy v. WashburnAppellate Division of the Supreme Court of the State of New York · 1899
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1899
- Bell v. Consolidated Gas, Electric Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Swain v. Brooklyn Alcatraz Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Walters v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1902