Lyons v. Avis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William A. Avis and others, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 4th day of December, 1895, upon the verdict of a jury rendered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 20th day of December, 1895, denying the defendants’ motion for a new trial made upon the…
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Appeal by the defendants, William A. Avis and others, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 4th day of December, 1895, upon the verdict of a jury rendered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 20th day of December, 1895, denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover damages resulting from personal injuries alleged to have been caused by the…
1Opinion of the Court
Barrett, J.:
This was, as the learned trial judge observed in his charge, peculiarly a case for the jury. The plaintiff was injured by the defendants’ truck while he was occupied in mixing mortar upon the liighway in front of 223 Madison street, in this city. He was a laborer employed by one Harlow, who had the contract for plastering a building which was being erected at tbe above number. Harlow had a pile of mortar there upon the street, and the plaintiff says he was stooping down in the act of filling his hod when he was run over by the defendants’ truck. We entirely disagree with the…
2Cited by7 opinions
- Collender v. ReardonAppellate Division of the Supreme Court of the State of New York · 1910
- Boker v. H. Koehler & Co.Appellate Terms of the Supreme Court of New York · 1909
- Tolkon v. Otto E. Reimer Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kleffmann v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Alaimo v. E. & J. Marrin Co.City of New York Municipal Court · 1910
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