Stewart v. Hinkle Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hinkle Iron Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk'of the county of New York on the 22d day of April, 1910, vacating the direction of the court dismissing the complaint at the close of plaintiff’s case and granting a new trial.
1Opinion of the Court
Laughlin, J.:
After nonsuiting the plaintiff the learned trial justice entertained a motion for a new trial on his minutes and on- granting the motion filed a memorandum stating that he was of opinion that there was a question of fact which should have been submitted to the jury, but he does not state what the question is.
This is an action by an employee against his employer to recover damages for personal injuries caused by the negligence of the defendant, and it is based on the common law.. The defendant was engaged in constructing a new theater at the intersection of Oayler street and…
2Cases cited4 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- McCoy v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Dowdell v. . Lackawanna Steel Co.New York Court of Appeals · 1910