Hoes v. Edison General Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William M. Hoes, as public administrator, and as administrator de bonis non of the goods, etc., of Carl Bark, deceased, from a judgment of the Supreme Cou-rt in favor of the defend ant,, entered in the office of the clerk of the' county of New York on the 30th day of June, 1897, upon the dismissal of the complaint directed by the court after-a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 30th day of…
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Appeal by the plaintiff, William M. Hoes, as public administrator, and as administrator de bonis non of the goods, etc., of Carl Bark, deceased, from a judgment of the Supreme Cou-rt in favor of the defend ant,, entered in the office of the clerk of the' county of New York on the 30th day of June, 1897, upon the dismissal of the complaint directed by the court after-a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 30th day of June, 1897, directing the entry of said judgment. ■
1DissentBarrett, J.
The plaintiff’s intestate, Oarl Burk, was an employee in the brewery of George Ringler & Co. On September 27, 1892, the defend- ' ant was engaged in installing an electric light plant in the building. *440While its employees were loading a piece of machinery upon the elevator at the tirst floor they allowed a heavy roller, which was being used in the work, to fall through a space of about four o;r five inches between the elevator and the landing. This roller struck and killed Burk, who was passing through the elevator -shaft in the cellar. It was shown that the chief engineer of the brewery…
2Cases cited9 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- Coleman v. . Second Ave. R.R. Co.New York Court of Appeals · 1889
- Fennessy v. RossAppellate Division of the Supreme Court of the State of New York · 1896
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