Hannigan v. Smith
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Patrick Hannigan, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Hew York on the 16th day of Hovember, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 2d day of December, 1897, denying the plaintiff’s .motion for a new trial made upon the minutes.
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. Appeal by the plaintiff, Patrick Hannigan, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Hew York on the 16th day of Hovember, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 2d day of December, 1897, denying the plaintiff’s .motion for a new trial made upon the minutes. The plaintiff was a hodcarrier in the employ of the defendant, and seeks in this action to recover damages for. personal injuries…
1Opinion of the Court
O’Brien, J.:
Upon the evidence in this case it was for the jury to determine whether the defendant was guilty of negligence. The real question is whether the plaintiff was himself negligent, or. whether he had presented facts from which the jury might infer that he was free from contributory negligence. That the place' where the plaintiff was engaged at work was obviously dangerous, is not disputed, for the plaintiff testified that he saw and knew it was dangerous and made complaint thereof, as did the other workman, to the foreman, and that it was only as the result of promises held out that…
2Cases cited1 opinion
- Siedentop v. BuseAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Spencer v. WorthingtonAppellate Division of the Supreme Court of the State of New York · 1899
- McCarthy v. WashburnAppellate Division of the Supreme Court of the State of New York · 1899
- Obanhein v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1903
- Rice v. Eureka Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Citrone v. O'Rourke Engineering Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906