Maguire v. . Barrett
New York Court of Appeals
Appeal from a judgment, entered August 6, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The foreman should have adopted some precaution by removing the piece of iron to a place of safety or laying it down.
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Appeal from a judgment, entered August 6, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The foreman should have adopted some precaution by removing the piece of iron to a place of safety or laying it down. When the master directs the performance of work by his servant at a place which may become dangerous, and which danger may be foreseen and…
1Opinion of the CourtCrane, J.
If there be evidence in this case creating a question of fact for the jury, the Appellate Division was in error in dismissing the complaint. In our opinion, there is such a question of fact.
The plaintiff was in the defendant’s employ as the driver of one of its wagons and was injured on the evening of February 25, 1913, on the delivery platform at Lexington avenue and Forty-ninth street, Manhattan, New York. This platform was used by the defendant for receiving and sorting freight. It was inclosed and ran from Forty-ninth to Fiftieth street, one hundred feet or more, being part of the new…
2Cases cited19 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
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3Cited by12 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Feinberg v. Saks & Co.New York Court of Appeals · 1982
- Wawrzonek v. Central Hudson Gas & Electric Corp.New York Court of Appeals · 1938
- Lehigh Valley R. v. ScanlonCourt of Appeals for the Second Circuit · 1919
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