Perry v. . Rogers
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December Y, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motiou for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant as the plaintiff’s employer. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December Y, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motiou for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant as the plaintiff’s employer. The facts, so far as material, are stated in the opinion. The complaint should have been dismissed at the close of plaintiff’s case. (McDugan v. N. Y. C. & H. R. R. R. Co., 10 Misc. Rep. 337; Williams…
1Opinion of the Court
Parker, Oh. J.
We think this judgment must be reversed, because it does not appear that the injury sustained by the plaintiff was due in any degree whatever to the omission of the defendant to perform any duty which, as master, he owed to his servant, this plaintiff. The learned trial judge submitted the case to the jury upon the theory that there was some evidence tending to show that the defendant omitted to perform the duty the law charges upon all masters of furnishing a reasonably safe place in which the servant may work. But an examination of the evidence will show that it furnishes no…
2Cases cited6 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Cullen v. . NortonNew York Court of Appeals · 1891
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Hussey v. . CogerNew York Court of Appeals · 1889
- Kimmer v. . WeberNew York Court of Appeals · 1897
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- Simone v. . KirkNew York Court of Appeals · 1902
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
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