Marinaro v. Multi-Speed Shutter Co.

Appellate Division of the Supreme Court of New York

Marinaro v. Multi-Speed Shutter Co.

159 A.D. 882, 143 N.Y.S. 1130

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

DecidedNovember 15, 1913

StatusPublished

This text of 159 A.D. 882 (Marinaro v. Multi-Speed Shutter Co.) 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

Marinaro v. Multi-Speed Shutter Co., 159 A.D. 882, 143 N.Y.S. 1130 (N.Y. Ct. App. 1913).

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Opinion

Per Curiam:

Upon careful consideration of this record we are satisfied that the verdict is against the weight of evidence. The plaintiff failed to establish that there was any defect in the machine; that he was not properly instructed, and that the accident was caused by any actionable negligence upon the part of the defendant. Upon the evidence it woxild appear that it was physically impossible for the upper die to fall, as claimed by him, leaving it fairly inferable that he himself caused it to descend by pressure upon the treadle. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to'be settled on notice.

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Per Curiam:

Upon careful consideration of this record we are satisfied that the verdict is against the weight of evidence. The plaintiff failed to establish that there was any defect in the machine; that he was not properly instructed, and that the accident was caused by any actionable negligence upon the part of the defendant. Upon the evidence it woxild appear that it was physically impossible for the upper die to fall, as claimed by him, leaving it fairly inferable that he himself caused it to descend by pressure upon the treadle. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to'be settled on notice.

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Bluebook (online)

159 A.D. 882, 143 N.Y.S. 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marinaro-v-multi-speed-shutter-co-nyappdiv-1913.