Griffiths v. New Jersey & New York Railroad
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Miles E. Griffiths against the New Jersey & New York Railroad Company for personal injuries. From a judgment entered on an order dismissing the complaint, and from an order denying a motion for a new trial on the judge’s minutes (25 N. Y. Supp. 812), plaintiff appeals. Affirmed. The defendants were building a station house, to be made of wood. The plaintiff was a carpenter. He was hired by the master mechanic.
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Appeal from jury term. Action by Miles E. Griffiths against the New Jersey & New York Railroad Company for personal injuries. From a judgment entered on an order dismissing the complaint, and from an order denying a motion for a new trial on the judge’s minutes (25 N. Y. Supp. 812), plaintiff appeals. Affirmed. The defendants were building a station house, to be made of wood. The plaintiff was a carpenter. He was hired by the master mechanic. He went to the building, and was placed under the order of one Horn, who was the foreman of the working men there. Horn worked as a carpenter when not…
1Opinion of the CourtSedgwick, C. J.
The accident was caused by the giving away of the tiebeam. There was no evidence to go to the jury that the staging fell because the tiebeams were too far apart. The first position, only, will be examined. The plaintiff’s learned counsel argues that the defendants were negligent in failing to make an in*76spection of the material, that would discover the unsound condition of the tiebeam that broke, and that, on the particular occasion, Horn was their substitute, and his negligence was theirs. T do not agree with the proposition. The result would be that an employer would fail in duty if he did…
2Cited by3 opinions
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- Rosenberg v. SmithAppellate Terms of the Supreme Court of New York · 1899