Opinion · Nylaw New York

PFEIFFER v. IRON ELEVATOR AND TRANSFER COMPANY, 153 App. Div. 937 (1912)

Ida Pfeiffer, as Adm’r, Adm’x, etc., of Gustave Pfeiffer, Deceased,Respondent, v. Iron Elevator & Transfer Co., Appellant., 153 A.D. 937 (Appellate Division of the Supreme Court of New York, Fourth Department. 1912)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1912-01-01
Topic: general

PFEIFFER v. IRON ELEVATOR AND TRANSFER COMPANY, 153 App. Div. 937 (1912) Ida Pfeiffer, as Administratrix, etc., of Gustave Pfeiffer, Deceased,Respondent, v. The Iron Elevator and Transfer Company, Appellant.Appellate Division of the Supreme Court of New York, Fourth Department. November, 1912.

Citator

UpLaw has not yet analyzed PFEIFFER v. IRON ELEVATOR AND TRANSFER COMPANY, 153 App. Div. 937 (1912). The absence of a flag is not a finding that it is good law.

PFEIFFER v. IRON ELEVATOR AND TRANSFER COMPANY,153 App. Div. 937(1912)

Ida Pfeiffer, as Administratrix, etc., of Gustave Pfeiffer, Deceased,

Respondent, v. The Iron Elevator and Transfer Company, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

November, 1912.

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. All concurred, except McLennan, P.J., who dissented, 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.