Hardie v. Charles P. Boland Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in, the third judicial department, entered November 17, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res ipsa loquitur is not applicable to the facts in this case. (Schlappendorf v. A. R. T. Co., 127 N. Y. Supp. 47; 142 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in, the third judicial department, entered November 17, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of res ipsa loquitur is not applicable to the facts in this case. (Schlappendorf v. A. R. T. Co., 127 N. Y. Supp. 47; 142 App. Div. 554; Henson v. L. V. R. R. Co., 194 N. Y. 205; Scott v. Nauss Bros. Co., 126 N. Y. Supp. 23; Dittmar v. E. E. Ill. Co., 125 App. Div. 691; Moren v. Munson S. S. Line,…
1Opinion of the CourtWerner, J.
The intestate of the plaintiffs met his death on the 6th day of October, 1909, through the collapse of a chimney which he was engaged in “pointing ” or finishing as an employee of the defendant, an independent contractor. The falling chimney carried with it the scaffold upon which the deceased was at work, and he was thrown to the ground, from a height of about fifty feet, with such force as to cause instant death. His representatives seek to hold his employer responsible in damages, and at Trial Term they recovered a verdict which the Appellate Division has upheld by a divided court.
The…
2Cases cited4 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Harrison v. Sutter Street Railway Co.California Supreme Court · 1901
3Cited by26 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Ryan v. Feeney & Sheehan Building Co.New York Court of Appeals · 1924
- Actiesselskabet Ingrid v. Central R.Court of Appeals for the Second Circuit · 1914
- Bourcheix v. Willow Brook Dairy, Inc.New York Court of Appeals · 1935
- Hooey v. Airport Construction Co.New York Court of Appeals · 1930
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