Beierwalter v. C. P. Ward, Inc.

Appellate Division of the Supreme Court of New York

Beierwalter v. C. P. Ward, Inc.

256 A.D. 1048, 10 N.Y.S.2d 913, 1939 N.Y. App. Div. LEXIS 6012

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1939

StatusPublished

This text of 256 A.D. 1048 (Beierwalter v. C. P. Ward, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beierwalter v. C. P. Ward, Inc., 256 A.D. 1048, 10 N.Y.S.2d 913, 1939 N.Y. App. Div. LEXIS 6012 (N.Y. Ct. App. 1939).

Pincite

Opinion

Plaintiff’s exceptions overruled and motion for a new trial denied, with costs, and judgment ordered for the defendants on the direction of a verdict, with costs. Memorandum: We find no substantial evidence to show that any of the defendants were in control of the operation of moving the dredge. It was an undertaking of the intestate’s employer and in carrying out that operation we find no evidence of negligence on the part of any of the defendants. No commands were given by any of the defendants as to the position of the plaintiff’s intestate or the manner in which he was to perform the function in which he was engaged at the time of his injury. All concur. (The exceptions were taken to rulings on the trial resulting in a verdict for defendants in a negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Plaintiff’s exceptions overruled and motion for a new trial denied, with costs, and judgment ordered for the defendants on the direction of a verdict, with costs. Memorandum: We find no substantial evidence to show that any of the defendants were in control of the operation of moving the dredge. It was an undertaking of the intestate’s employer and in carrying out that operation we find no evidence of negligence on the part of any of the defendants. No commands were given by any of the defendants as to the position of the plaintiff’s intestate or the manner in which he was to perform the function in which he was engaged at the time of his injury. All concur. (The exceptions were taken to rulings on the trial resulting in a verdict for defendants in a negligence action.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

256 A.D. 1048, 10 N.Y.S.2d 913, 1939 N.Y. App. Div. LEXIS 6012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beierwalter-v-c-p-ward-inc-nyappdiv-1939.