Meeker v. C. R. Remington & Son Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, O. R. Remington & Son Company, from a judgment1 of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Jefferson on the 20th day of November, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 20th day of.November, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, O. R. Remington & Son Company, from a judgment1 of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Jefferson on the 20th day of November, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 20th day of.November, 1899, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the death of plaintiff’s intestate, which, it is claimed, resulted on the 7th day of December, 1898, from the negligence of the…
1Opinion of the Court
Laughlin, J.:
It is evident that the jury were given to understand that even if they found that defendant was not guilty of negligence with reference to the manner in which the plant was constructed, or in not having previously provided a drip cock or bleeder for the main steam pipe, that still if the jury found that the superintendent in turning the valve was not acting as a co-servant with decedent, and if his act in turning the valve was the sole cause of the injury, defendant would be liable. This we think was error. In effect the jury were permitted to find against the defendant, even if…
2Cases cited5 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Hussey v. . CogerNew York Court of Appeals · 1889
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- Murphy v. . Boston and Albany Railroad Co.New York Court of Appeals · 1882
- Vitto v. KeoganAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Kujava v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907
- Meeker v. C. R. Remington & Son Co.Appellate Division of the Supreme Court of the State of New York · 1901