Rosenstein v. McCutcheon

Appellate Division of the Supreme Court of New York

Rosenstein v. McCutcheon

163 A.D. 922

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

DecidedMay 15, 1914

StatusPublished

This text of 163 A.D. 922 (Rosenstein v. McCutcheon) 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

Rosenstein v. McCutcheon, 163 A.D. 922 (N.Y. Ct. App. 1914).

Pincite

Opinion

The proofs in this case fail to show any causal connection between the accident and the alleged defects in the appliances of the elevator. It was error, therefore, to submit this question to the jury as bearing upon the claim of the defendant’s negligence. This error is serious enough to requires reversal of the judgment and the order denying the motion for a new trial. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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The proofs in this case fail to show any causal connection between the accident and the alleged defects in the appliances of the elevator. It was error, therefore, to submit this question to the jury as bearing upon the claim of the defendant’s negligence. This error is serious enough to requires reversal of the judgment and the order denying the motion for a new trial. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Bluebook (online)

163 A.D. 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenstein-v-mccutcheon-nyappdiv-1914.