Koch v. Zimmermann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob A. Zimmermann, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December,' 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 11th day of April, 1903, denying said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Bbien, J.:
■ The action is to recover for the death of plaintiff’s husband, alleged to have resulted from his being struck with a brick, which, through defendants’ negligence, fell from a building in course of construction. Upon the former appeal (Koch v. Fox, 71 App. Div. 288) the facts were set forth and discusséd at length.
The theory then. presented, that the plaintiff’s intestate was by his injuries made insane, and while suffering from insanity jumped into the East river, and as a consequence of the wetting contracted lobar pneumonia, to which his death was primarily ascribed by the…
2Cases cited5 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Seifter v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1901
- Weber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- McQuade v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Lippold v. KiddOregon Supreme Court · 1928
- Claim of Riehl v. Town of AmherstNew York Court of Appeals · 1954
- Mella v. Northern S. S. Co.U.S. Circuit Court for the District of Southern New York · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1915