Benda v. Keil

City of New York Municipal Court

Benda v. Keil

33 Misc. 801, 67 N.Y.S. 1128

DecidedJanuary 15, 1901

StatusPublished

This text of 33 Misc. 801 (Benda v. Keil) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benda v. Keil, 33 Misc. 801, 67 N.Y.S. 1128 (N.Y. Super. Ct. 1901).

Pincite

Opinion

Hascall, J.

The direct questions as to whether the defendants were guilty of negligence, whether plaintiff contributed by his own fault or carelessness, and the measure of damage were all properly and amply presented by the court below to the jury. The facts are found and fixed by the verdict upon disputed and conflicting averment and evidence; the suggestion of carelessness of a fellow workman, as a defense, is not upheld by the record* and the amount of damage awarded is not in fact nor suggestion excessive.

Judgment and order appealed from to be affirmed, with costs.

Fitzsimons, Ch. J., and O’Dwyer, J., concur.

Judgment and order affirmed, with costs.

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Hascall, J.

The direct questions as to whether the defendants were guilty of negligence, whether plaintiff contributed by his own fault or carelessness, and the measure of damage were all properly and amply presented by the court below to the jury. The facts are found and fixed by the verdict upon disputed and conflicting averment and evidence; the suggestion of carelessness of a fellow workman, as a defense, is not upheld by the record* and the amount of damage awarded is not in fact nor suggestion excessive.

Judgment and order appealed from to be affirmed, with costs.

Fitzsimons, Ch. J., and O’Dwyer, J., concur.

Judgment and order affirmed, with costs.

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Bluebook (online)

33 Misc. 801, 67 N.Y.S. 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benda-v-keil-nynyccityct-1901.