Hamilton v. Niles-Bement-Pond Co.

105 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1907-05-22 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents

p. 1119

HAMILTON, Appellant, v. NILES-BEMENT-POND CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

May 22, 1907.)

Headnote

Action by David W. Hamilton ■against the Niies-Bement-Pond Company.

Judgment and order affirmed, with costs.'

dissents on the ground that the court committed reversible error in refusing the charge, as reguested by’ defendant’s .counsel, that if the plaintiff knew that the crane was to be moved he could not recover. ROBSON, J., not voting.