Tomaselli v. John Griffiths Cycle Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lorenzo G. Tomaselli, Jr.,, from a judg-ment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 10th day of January, 1896, upon .a dismissal, of the complaint upon, the merits, directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings.
Read the full summary
Appeal by the plaintiff, Lorenzo G. Tomaselli, Jr.,, from a judg-ment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 10th day of January, 1896, upon .a dismissal, of the complaint upon, the merits, directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings. This action was brought to recover damages resulting from personal injuries caused by the alleged negligence of the defendant.
1Opinion of the Court
Hatch, J.:
■. The question of law which must determine the disposition of this ease is clear and well settled by numerous authorities.. It is the *128fitting of the facts that produces the confusion. It appeared that plaintiff had been in defendant’s employ but a day and a half when he received fhé injury of which he complains. At the time of the reception of the injury he was called to assist about the raising of a box, containing material manufactured by defendant, from the basement or- cellar of the building to the sidewalk above. The box weighed about 1,200 pounds. The elevator by which this…
2Cases cited1 opinion
- Probst v. . DelamaterNew York Court of Appeals · 1885
3Cited by8 opinions
- Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915
- Scandell v. Columbia Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
- Watts v. BeardAppellate Division of the Supreme Court of the State of New York · 1897
- Dougherty v. MillikenAppellate Division of the Supreme Court of the State of New York · 1898
3 more not listed; retrieve them via the Exa API.