The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-13
M'ALPIN MAIDS 5000
VERDICT REVERSED
Appellate Term Decides WIN.
lam Rcckefeller's Daughter
Needn't Pay in Assault Suit.
ROW OVER AN AUTO RIDE
Judge Rules Jury's Award in
Lower Court Is Against
Weight Of Evidence.

The Appellate Term OF the Supreme
Court decided yesterday that Mrs Emma
Rockefeller McAlpin OF East Fifty.
fourth street, wife Of Or. David Hunter
McAlpin. and daughter OF william Rookie
Teller. need not pay a Judgment Of 5000
recovered by winifred Maloney. a maid
for alleged assault
The Appellate Term ordered a new
trial Of the case but at the same tims
decided that Miss Maloneys testimony
was SO counterbalanced by that Of half a
dozen witnesses for Mrs. McAipin as to
leave a verdict in her favor against the
weight of evidence
Miss Maloncy got her verdict from a
jury in the CITY Court. which decided.
although her testimony was denied by
the defendants witnesses. that she had
been damaged TO some extent by Mrs
McAlpin's acts. Tho maid charged that
she was assaulted by Mrs McAlpin at tho
McAlpln summer place, Brooklawn
Manor. Morris Plains y. J, on Sertem-
Der 10. 1912, and that she wac struck
and beaten by Mrs McAlpin in the pres
ence OF other persons without justif,ca-
ton.
The maid testified that she had given
Mrs McAlpin notice and had spent part
Oh tne nlEnl Utr tIllnGS HN
next morning the housekeeper came and
told her She must be ready to go on the
10 a. NJ. train and that she could rida
to the station. two miles distant, In ths
McAlpin car, as the housekeeper was 60
ing to town. The maid replied that she
was ready to go but that she wouldn't
go with tho housekeeper In the ma
chine.
The plaintiff testified that tho house
keeper Informed Mrs. McAlpn. who came
rushing to her bedroom and told her she
must leave the house at once. The maid
said she replied
Don't get excited. Mrs. McAlpn. r.et
me go in peace. | viii be ready IN q
few seconds and I will take the stage"
The plaintiff testified that Mrs. Meal
pin then became angry and insisted that
she go to the auto. The maid still re-
fused Mrs. McAlpin ordered her butler TO
put Miss Maloney out OF the house. The
butler started for her the maid said. and
she exclaimed: Don't YOU put your
hand on me or I'll hit YOU
Miss Maloney said that Mrs. Nc Alpln
then seized her arms and shook her as
hard .s she could and took her down
stairs TO the hallway. Then she said 80
would call man servant Ia force IN"
maid into the car and tie her there.
II told Mrs McAlpin that II she put mo
In that car ] would jump ont and Kill my
self" Miss Maloney testified. and then
she told the chauffeur TO take me to the
state ASYLUM because ] WAS crazy The
maid then entered the machine, hut as
| soon as Il left the grounds OF the Nc
Apin place. she says. she Jumped out.
Mrs, McAlpin's servants denied ths
plaintiffs story and declared that not
only was there no assault by Mrs. Meal
pin. hut that the trouble Was all caused
by Miss Maloney's refusal TO 60 when
she was asked to do SO
Justice Whitaker writing the Appellate
Term opinion. said that Miss Naloncve
story was a most improbable one" The
whole case simply disrlosse mn apparent
unappreciatcd sol!ritude that the plaintiff
should be comfortably conveyed "a the
station" said the court. ''rhc verdict =
so nanfestly against the weight Of the
evidence that il should be reversed