Buckley v. Port Henry Iron Ore Co.
New York Supreme Court
Appeal from circuit court, Essex county. Action by Margaret Buckley, administratrix of Daniel Buckley, deceased, against the Port Henry Iron Ore Company, of Lake Champlain, to recover for the death of said deceased. Plaintift had judgment, and defendant appeals from an order overruling a motion to set aside the verdict, and grant a new trial. Daniel Buckley, on January 9, 1885, was engaged as a workman in the mine of defendant. This was an open pit about 200 feet deep.
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Appeal from circuit court, Essex county. Action by Margaret Buckley, administratrix of Daniel Buckley, deceased, against the Port Henry Iron Ore Company, of Lake Champlain, to recover for the death of said deceased. Plaintift had judgment, and defendant appeals from an order overruling a motion to set aside the verdict, and grant a new trial. Daniel Buckley, on January 9, 1885, was engaged as a workman in the mine of defendant. This was an open pit about 200 feet deep. Its north wall was perpendicular, nearly 200 feet high from the bottom, and contained a large amount of “loose ore, rotten,…
1Opinion of the CourtLandon, J.
The deceased, by entering upon this employment, assumed all the risks of it, except those attributable to his master’s negligence with which his own did not concur. Ho negligence is sought to be imputed to the deceased, except that inferable from the fact that he knew all about the mine, so far as its shape, situation, and the generally dangerous character of the “bad ground” were concerned. The north wall of the mine, in which this “bad ground” was, was nearly perpendicular, and about 200 feet high. The plaintiff contends that this wall could have been cut back upon a safe slope, and that…
2Cases cited7 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- De Forest v. . JewettNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. Sleepy Hollow Mining Co.Supreme Court of Colorado · 1906
- Doe ex dem. Mace v. DuttonIndiana Supreme Court · 1850
- Gorman v. McArdleNew York Supreme Court · 1893