Gorman v. Millikan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lynn B. Millikan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the- county of Albany on the 28th day of March, 1909, upon, the verdict of. a jury for $5,000, and. also, from an order entered in said clerk’s officé on the 30tli day of March, 1910, denying the defendant’s motion for a new trial made upon the minutes.,
1Opinion of the Court
Per Curiam :
In this action of servant ágainst master plaintiff has recovered a judgment for personal injuries due to the alleged negligence of the defendant. Plaintiff was engaged in the work of lowering heavy planks weighing 300 or 400 pounds from the top of a structure to the ground, a distance of about sixty-five feet. The defendant has.'., been found negligent in not furnishing adequate appliances or instrumentalities for the work. The court in charging the jury, after reading section 3 of the Employers’ Liability Act* relating to the assumption of risks by the employee, stated with…
2Cases cited1 opinion
- Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Rossiter v. Peter Cooper's Glue FactoryAppellate Division of the Supreme Court of the State of New York · 1913