Gartland v. New York Zoological Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Zoological Society, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of January, 1909, affirming a judgment of’the Municipal Court in favor of plaintiff rendered upon the verdict of a jury for $150 in an action for negligence, and also affirming an order denying the defendant’s motions to dismiss the complaint and to set aside the verdict and for a new…
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Appeal by the defendant, the New York Zoological Society, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of January, 1909, affirming a judgment of’the Municipal Court in favor of plaintiff rendered upon the verdict of a jury for $150 in an action for negligence, and also affirming an order denying the defendant’s motions to dismiss the complaint and to set aside the verdict and for a new trial.
1Opinion of the Court
Clarke, J.:
The plaintiff was a steamfitter’s helper, in the employ of one Gerstel, who had a contract with the city of New York, through the department of parks, for installing new boilers and connecting up the same in the Aquarium. building, Battery Park. . Plaintiff and a fellow-workman, .Kelly, were, connecting up some radiator pipes in the' basement in the coal hole adjoining the boiler room containing'two boilers. They were at work connecting these pipes to. the ceiling and were standing, on top of a pile of coal. They suddenly heard a noise of escaping steam and started for the stairs.…
2Cases cited8 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Blake v. . FerrisNew York Court of Appeals · 1851
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
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3Cited by13 opinions
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- Basabo v. the Salvation Army, Inc.Supreme Court of Rhode Island · 1912
- Andrews v. Y.M.C.A.Supreme Court of Iowa · 1939
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