Hyperlawhypertext legal database Pfeiffer v. Iron Elevator & Transfer Co. 138 N.Y.S. 1137

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Pfeiffer v. Iron Elevator & Transfer Co.

138 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1912-11-13 English

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

Contents
p. 1137
PFEIFFER, Respondent, v. IRON ELEVATOR & TRANSFER CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 13, 1912.)

Headnote

Action by Ida Pfeiffer, as administratrix, etc., against the Iron Elevator & Transfer Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict of the jury is contrary to and against the weight of the evidence, both as to defendant’s negligence and freedom from contributory negligence on the part of plaintiff’s intestate, and upon the further ground that the statements of Blanchfield to Godbold were improperly received. They were not competent to impeach Blanchfield, the plaintiff’s own witness, and were hearsay.

dissents, upon the ground that the verdict of the jury is amply sustained by the evidence, both as to defendant's negligence and freedom from contributory negligence on the part of plaintiff’s intestate.