Anderson v. Milliken Brothers, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Milliken Brothers, Incorporated, from • a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 7th day of February, 1907, upon the verdict of a jury for §5,000, and also from an order entered in said clerk’s office on the 8th day of February, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This action is brought in behalf of the next of kin of plaintiff’s intestate to recover the damages sustained as the result of his death, alleged to have been caused by the negligence of defendant. The jury have resolved the questions of fact in favor of the plaintiff, and the only question demanding serious consideration is whether the evidence sustains their verdict.
The defendant was engaged as contractor in the construction of a number of steel grain bins for the Hecker-Jones-Jewell Hilling Company, and the work had been going on for several weeks before the plaintiff’s intestate…
2Cases cited4 opinions
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Jenks v. . ThompsonNew York Court of Appeals · 1904
- Haggblad v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907