Cunningham v. Sicilian Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Cunningham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of November, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the lith day of November, 1899, denying the plaintiff’s motion for a new trial made upon…
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Appeal by the plaintiff, John Cunningham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of November, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the lith day of November, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
This is an action for damages resulting from an injury to the plaintiff, alleged to have been occasioned by the defendant’s negligence. The defendant is a manufacturer of asphalt. It has a factory in the city of New York. In one part of this factory there was at the time of the plaintiff’s injury a series of bins some fifteen or sixteen feet in height. These bins were used as receptacles for the crude material. There was a railroad over the top of the bins. The material was brought up in cars and dumped from the latter into the bins. To accomplish this the workmen had to stand…
2Cases cited3 opinions
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Solarz v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1894
- Rettig v. Fifth Avenue Transportation Co.The Superior Court of the City of New York and Buffalo · 1893
3Cited by4 opinions
- Muhlens v. ObermeyerAppellate Division of the Supreme Court of the State of New York · 1903
- Kiras v. Nichols Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1901
- O'Neil v. Manufacturers' Automatic Sprinkler Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Berry v. Atlantic Storage Co.Appellate Division of the Supreme Court of the State of New York · 1900