Cullen v. Norton
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Stacia Cullen, administratrix, against Frederick 0. Morton. The plaintiff’s intestate. James Cullen, was killed on the 4th day of June, 1887, by the falling rock from an unexpected discharge of blast in the defendant’s cement quarry in the town of Bosendale. Cullen was a quarry-man or miner in the employ of the defendant. Eleven holes had been drilled and charged in a perpendicular breast of rock.
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Appeal from circuit court, Ulster county. Action by Stacia Cullen, administratrix, against Frederick 0. Morton. The plaintiff’s intestate. James Cullen, was killed on the 4th day of June, 1887, by the falling rock from an unexpected discharge of blast in the defendant’s cement quarry in the town of Bosendale. Cullen was a quarry-man or miner in the employ of the defendant. Eleven holes had been drilled and charged in a perpendicular breast of rock. They were fired at one time, but only 10 exploded. Patrick Dolan was defendant’s foreman in charge. His attention was called to the unexploded…
1Opinion of the CourtLandon, J.
Upon the evidence we think this case ought to have been submitted to the jury. The plaintiff’s intestate took upon himself all the risks incident to the dangerous character of his service, except those that might befall him in consequence of his master’s negligence. Pantzar v. Mining Co., 99 N. Y. 368, 2 N. E. Rep. 24. One of the duties of the master was to furnish his servant a safe and proper place in which to prosecute his work. Id. This duty continued to be the master’s, no matter to what subordinate servant he delegated its performance. Id. The defendant’s foreman was intrusted with its…
2Cases cited5 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
3Cited by8 opinions
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
- Cerrillos Coal Railroad v. DeserantNew Mexico Supreme Court · 1897
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1891
- Gorman v. McArdleNew York Supreme Court · 1893
- Stephens v. Hudson Valley Knitting Co.New York Supreme Court · 1893
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