Legal Opinion

De La Mar v. Herdeley

Court of Appeals for the Second Circuit

Decided November 7, 1907No. 12PublishedCited by 2 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error to review a judgment entered upon a verdict of a jury in favor of the defendant in error, who was the plaintiff below.

1Opinion of the Court

NOYES, Circuit Judge.

This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant, his employer. In this opinion the parties are designated as in the court below. The plaintiff alleges in his complaint that on July 25, 1903, he was employed by the defendant as a laborer in his copper-refining works; that on said day he was ordered by the defendant, through his agents, to put a wet bar of copper into a hot furnace partly filled with molten copper; that the placing of such a wet bar in the hot furnace…

2Cases cited4 opinions

  1. Santa Fe, Prescott, & Phœnix Railway Co. v. HurleyArizona Supreme Court · 1894
  2. Wagner v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  3. Wagner v. New York, C. & St. L. R.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Heller v. DonellanAppellate Terms of the Supreme Court of New York · 1904

3Cited by2 opinions

  1. De Lamar v. HerdeleyCourt of Appeals for the Second Circuit · 1909
  2. Unclaimed Property Recovery Service, Inc. v. KaplanCourt of Appeals for the Second Circuit · 2013

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