Legal Opinion

Baxter's Adm'x v. Charles F. Parker & Co.

New York Supreme Court

Decided March 15, 1898Published

Action by the administratrix of one Baxter against Charles F. Parker & Co. to recover for personal injuries. Verdict for plaintiff, and motion by defendant for new trial.

1Opinion of the CourtSpbing, J.

The plaintiff’s intestate was killed while in the employ of the defendant, who was fulfilling its contract with the state in deepening the Erie Canal through .the city of Lockport. The performance of the contract required the breaking up and removal of solid rock by means of cartridges containing, high explosives. The manner of doing the work was to drill holes seven to eight feet in depth into this rock, covering a considerable space, and then to charge each of these holes with a cartridge, and to fire it off by means.of electricity generated from a battery provided for that purpose. Thirty…

2Cases cited9 opinions

  1. Cullen v. . NortonNew York Court of Appeals · 1891
  2. Loughlin v. . State of New YorkNew York Court of Appeals · 1887
  3. Crown v. . OrrNew York Court of Appeals · 1893
  4. Hussey v. . CogerNew York Court of Appeals · 1889
  5. Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891

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