Van Orden v. Acken

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898

Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01

Appeal by the defendant, Samuel I. Acken, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1897, upon the verdict of a jury, for $2,000, and also from an order entered in said clerk’s office on the 29th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes.

Decided 1898-07-01

Ingraham, J. (concurring):

¶1I concur. The plaintiff voluntarily placed himself under this well hole. He was not invited by defendant to place himself in that position, and the injury was the direct result of. his act.

¶2Judgment reversed, new trial ordered, costs to appellant to abide event.