McCarty v. Ritch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Thomas Ritch and another, :from a judgment of the Supreme Court in favor of the plaintiff, •entered in the office of the clerk of the county of Westchester on the 17th day of April, 1900, upon the verdict of a jury for $20,000, -■and also from an order entered in said clerk’s office on the 20th day -of April, 1900, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This judgment must be reversed, A servant sues to recover damages for personal injuries suffered through the alleged negligence of his master. The question involved liability for the acts of an alleged fellow-servant, Bradley, a “ powderman,” who, it is contended, was ignorant and incompetent. . The plaintiff, a driller and general laborer in the defendants’ quarries, was directed to assist Bradley in making a blast. On the day before the accident two-, holes about twenty feet deep and ten or twelve feet apart had been drilled in a shelf of rock. The holes were partly charged with…
2Cases cited6 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Park v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Marrinan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Guedon v. RooneyOregon Supreme Court · 1938