Ozogar v. Pierce, Butler & Pierce Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pierce, Butler & Pierce Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of February, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Pierce, Butler & Pierce Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of February, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 20th day of December, 1905, under the Employers’ Liability Act (Laws of 1902, chap. 600), to recover damages for injuries sustained by…
1Opinion of the Court
McLennan, P. J.:
The important question presented by this appeal is : Is there any evidence' which tends to establish actionable negligence on the part of the defendant which vras the proximate cause of the accident ? In approaching the discussion of that question, we are mindful of the rule that where there is a conflict in the evidence it should be deemed settled most favorably to the plaintiff and that he is entitled to the benefit of any inferences which may legitimately be drawn therefrom.
This case has been twice tried. At the first trial, at the close of the plaintiff’s evidence, upon…
2Cited by5 opinions
- Duke v. American Museum of Natural HistoryAppellate Division of the Supreme Court of the State of New York · 1913
- Ozogar v. Pierce, Butler & Pierce Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Waters v. Thompson-Starrett Co.Appellate Terms of the Supreme Court of New York · 1913
- West Lumber Co. v. Morris & BarnesCourt of Appeals of Texas · 1923
- Wood v. PaceAppellate Division of the Supreme Court of the State of New York · 1927