Quick v. . American Can Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 31, 1911, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 31, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. In May, 1908, the plaintiff’s intestate, while in the employ of the defendant, lost his life under the following circumstances according to the uncontradicted evidence: In a building owned and occupied by the defendant, eight stories high, there were two Otis electric passenger elevators side by side in the same shaft, separated by “I” beams laid at right angles to the respective entrance floors and…
1Opinion of the CourtVann, J.
On each of the three trials of this action there was a verdict for the plaintiff. In denying the motion of the defendant made on the. minutes to set aside the verdict on the last trial, the presiding justice said: “ The verdict upon both former trials was set aside upon motion by the learned justices who presided, and I am in accord with their opinion that the evidence does not warrant a verdict for the plaintiff. If this were the first or even the second trial I should grant the defendant’s motion unhesitatingly.” The motion, however, was denied upon the ground that the trial justice should…
2Cited by6 opinions
- People v. ReedNew York Court of Appeals · 1976
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 1987
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1989
- Webster v. Richmond Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Kourtalis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
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