Guliano v. Whitenack
New York Court of Common Pleas
Appeal from trial term. Action by Antonio Guliano against John H. Whitenack for personal injuries. From a judgment entered on a verdict in favor of. plaintiff, and from an order denying a motion for a new trial, defendant appeals. For former report, see 22 N. Y. Supp. 560.
1Opinion of the CourtPryor, J.
In connection with a building he was erecting, the defendant constructed an oven, into which, when it was about completed, he directed the plaintiff to enter for the purpose of cleaning out the sand. It collapsed, and crushed the plaintiff; and, for the injury so sustained, he prosecutes the action.
With seeming confidence, the defendant imputes error to the court in refusing to dismiss the complaint. But upon what ground? Surely not because the proof of his negligence was insufficient to carry the case to the jury. Not such was counsel’s opinion on the development of the evidence at the…
2Cases cited6 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Connolly v. PoillonNew York Supreme Court · 1864
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
- Bills v. . New York Central Railroad Co.New York Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McFadden v. CampbellNew York Court of Common Pleas · 1895