Marsh v. . Chickering
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. To enable plaintiff to recover, he was bound to show that the injury was sustained through the defendants’ negligence, and that there was no contributory negligence on his part. (78 N. Y. 483; 58 id. 248; 84 id. 58; 98 id. 198, 280.) Defendants were not…
1Opinion of the CourtMilleb, J.
The plaintiff seeks to recover in this action for injuries sustained, while in the defendants’ employ, by means of a ladder used by him in lighting the gas lamps connected with and in front of the defendants’ building.
The plaintiff had lighted seven of the eight lamps by the use of the ladder, and, when in the act of lighting the eighth one, the ladder slipped and plaintiff’s leg caught in one of the rungs, and that caused the in jury. It was a stormy night in the month of March, sleeting and raining, snowing and windy. The plaintiff, previous to this occurrence, had used a ladder of the…
2Cases cited3 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
3Cited by134 opinions
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
- Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
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