Kennedy v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 17,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the negligent killing of Michael Kennedy, plaintiff’s intestate. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 17,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the negligent killing of Michael Kennedy, plaintiff’s intestate. The facts, so far as material, are stated in the opinion. The plaintiff’s intestate knew that the yard in which he was injured was in an uncompleted condition, and the danger of falling through the structure was…
1Opinion of the CourtPeckham, J.
The plaintiff’s intestate, Michael Kennedy, was one of the cleaners of defendant’s cars at the northern terminus of its road. On the 24th of January, 1887, he fell from defendant’s yard, located between 144th and 145th streets and Seventh and Eighth avenues in the city of New York, and received injuries from which he died. The plaintiff claims that the accident was occasioned solely by the defendant’s negligence in failing to provide and maintain for the deceased when in its service a safe and suitable structure upon which to prosecute his work. The yard spoken of was on a level with the main…
2Cited by13 opinions
- Drake v. Auburn City Railway Co.New York Court of Appeals · 1903
- Detroit Crude-Oil Co. v. GrableCourt of Appeals for the Sixth Circuit · 1899
- Maltbie v. . BeldenNew York Court of Appeals · 1901
- Craig v. The SaratogaDistrict Court, E.D. New York · 1898
- Sharpsteen v. SaltAppellate Division of the Supreme Court of the State of New York · 1896
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