Hyperlawhypertext legal database Pfeiffer v. Iron Elevator & Transfer Co. 149 N.Y.S. 1106

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Pfeiffer v. Iron Elevator & Transfer Co.

149 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1914-10-14 English

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p. 1106
PFEIFFER v. IRON ELEVATOR & TRANSFER CO.
(Supreme Court, Appellate Division, Fourth Department.
October 14, 1914.)

Headnote

Appeal from Trial Term. Action by Ida Pfeiffer, as administratrix of the estate of Gustave Pfeiffer, deceased, against the Iron Elevator & Transfer Company. Judgment for defendant, and plaintiff appeals. Affirmed. See, also 153 App. Div. 937 138 N. Y. Supp. 1137 . `~. J. Wetherbee, of ]~uffa1o, for appellant. D. J. Kenefick, of Buffalo, for respondent.

Upon the former appeal the verdict was held to be "contrary to and against th~ weight of the evidence." We now hold, up- - on the present record, not only that the weigh.t of the evidence is against the plaintiff upon the question of defendant's negligence, but also that as matter. of law the evidence is insufficient to establish actionable negligence against the defendant. The record discloses no reversible error, and therefore the plaintiff's exceptions should be overruled, the motion for a new trial denied, and judgment having been entered, and an appeal also taken therefrom, the judgment should be affirmed, with costs.