Rosenstein v. McCutcheon

Appellate Division of the Supreme Court of New York

Rosenstein v. McCutcheon

163 A.D. 922

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1914·Published

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.

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

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