Bertolami v. United Engineering & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Engineering and Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered"in the office of the clerk of the county of Hew York on the 30th day of December, 1908, upon the verdict of a jury for $10,500, and also from an order entered in said clerk’s office on the 2d. day of January, 1909, denying the defendant’s, motion for a new trial made upon the minutes.
1Dissent
Scott, J. (dissenting).:
The plaintiff has thrice recovered a verdict for damages, and we have twice reversed the judgment in her favor. The first reversal ' was for error in refusing to charge (120 App. Div. 192), the second by reason of variance between the complaint and proof (125 id. 584). Neither of those defects. are found in the present record. The action is brought under the Employers’ Liability Act, the negligence now charged in the complaint being that of a superintendent, or a person acting as superintendent. We are now asked to-reverse the present judgment because (as it is said)…
2Cases cited7 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Barry v. Derby Desk Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
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