Peck v. Burdick & Son — 223 N.Y. 539

Majority

p. 539

Sarah A. Peck, as Committee of the Person and Estate of Flora Bell Peck, an Incompetent Person, Respondent, v. Burdick & Son, Appellant.

Headnote

Peck v. Burdick & Son, 166 App. Div. 362 , affirmed.

(Submitted February 8, 1918;

decided February 26, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court" in the third judicial department, entered March 9, 1915, affirming a judgment in favor of

p. 540

plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff’s incompetent through the alleged negligence of defendant, her employer. The incompetent while operating a machine in defendant’s factory was injured through the slipping of a lever from a hook. The question on appeal was as to the propriety of receiving in evidence an answer to a hypothetical question as to whether the injuries complained of caused subsequent insanity.

Louis F. O’Neill for appellant.

John J. Scully for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.