Byrne v. . Eastmans Co. of N.Y.
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered April 29, 1898, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing judgment for defendant upon the order of the Trial Term dismissing the complaint.
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Appeal from a judgment of the Supreme Court, entered April 29, 1898, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing judgment for defendant upon the order of the Trial Term dismissing the complaint. This action was brought to recover damages for personal injuries alleged to have been received through the negligence of defendant. The facts, so far as material, are stated in the opinion. The risk…
1Opinion of the CourtLandon, J.
The plaintiff was seriously injured while in the service of the defendant. He was a “ beef sliover ” in its slaughter house. Animals were slaughtered-upon the second floor of the building, each carcass being divided into two equal parts, and each part hung upon a hook suspended from an iron wheel, grooved, and movable upon an iron rail or track fixed about thirteen feet above the floor, and then pushed by the shovers, and thus railroaded to the weighing scales, where the weight was ascertained, and then the side of beef was propelled in like manner beyond the scales for about ten feet…
2Cases cited6 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Durkin v. . SharpNew York Court of Appeals · 1882
- Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Andrulonis v. United StatesDistrict Court, N.D. New York · 1989
- Young v. . Mason Stable Co.New York Court of Appeals · 1908
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904
8 more not listed; retrieve them via the Exa API.