Hirtenstein v. Farrell — 68 N.Y.S. 1140

Majority

p. 1140

HIRTENSTEIN, Respondent, v. FARRELL, Appellant.

(City Court of New York, General Term.

January 29, 1901.)

Headnote

Action by Fannie Hirtenstein against John Farrell. From a judgment for plaintiff, and from an order denying his motion for new trial, defendant appeals.

Affirmed.

McCrea, Somerville & Taylor, for appellant.

Morris Cukor, for respondent.

This action is brought to recover damages for personal injuries occasioned to the plaintiff by the fall of a dumb-waiter. The appellant claims a reversal of the judgment on the ground that the verdict rendered by the jury is against the weight of evidence. It is a close ease, and, the jury having determined in favor of the plaintiff after a fair submission of the question to the jury, we think we are not warranted, under the evidence, to disturb the verdict. Judgment and order appealed from affirmed, with costs.