Pursley v. Edge Moor Bridge Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edge Moor Bridge Works, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Hew York on the 5th day of June, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Edge Moor Bridge Works, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Hew York on the 5th day of June, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the death of plaintiff’s intestate, who was employed- by the defendant, the Edge Moor Bridge Works, and was killed on April 11, 1899, by the collapse of a scaffold…
1Opinion of the Court
O’Brien, J.:
The defendant upon this appeal contends that the judgment should be reversed, because (1) there was no competent evidence that the defendants had not exercised reasonable care to insure the safety of the. structure or that the accident was caused by its negligence ; (2) the opinion-evidence to the effect that the structure was unsafe was inadmissible; (3) the plaintiff’s intestate was himself engaged in erecting that part of the structure which fell, had full *75knowledge of any defects which existed, and took the risk thereof; and (4) if there is any negligence in running the…
2Cases cited12 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Davidson v. . CornellNew York Court of Appeals · 1892
- Littlejohn v. . ShawNew York Court of Appeals · 1899
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3Cited by7 opinions
- Kyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Alderman v. StateNew York Court of Claims · 1988
- Nelson v. YoungAppellate Division of the Supreme Court of the State of New York · 1904
- Scheider v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Scheider v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1903
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