Smith v. Variety Iron & Steel Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Variety Iron and Steel Works • Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 16th day of February, 1911, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 21st day of February, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
McLennan, P. J. (dissenting):
This is an appeal from a judgment in favor of the plaintiff for $3,000 damages and $104.50 costs, entered in the office of the clerk of Erie county on the 16th day of February, 1911, upon the verdict of a jury rendered at a Trial Term of the Supreme Court, held in and for said county; also from an order denying defendant’s motion for a new trial made upon the minutes of the court upon all the grounds specified in section 999 of the Code of Civil Procedure, except that of excessive • verdict.
The action was commenced on the 3d day of June, 1910, to recover damages…
2Cases cited3 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Smith v. Variety Iron & Steel Co.New York Supreme Court · 1911