Koehler v. New York Steam Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The ¡New York Steam Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county, of ¡New York on the 23d ■day of October, 1902, upon the verdict of a jury for $2,000, and •also from an order entered in said clerk’s office on the 30th day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover for the death of the plaintiff’s intestate from injuries received while in defendant’s employ. The *222facts and incidents leading up to the accident were fully brought out on the former trial and reviewed by this court on appeal (Koehler v. New York Steam Co., 71 App. Div. 222), and it is, therefore, unnecessary to again state them.
The negligence with which- the complaint charged the defendant was in using a defective elbow without properly inspecting and testing it and in failing to make and enforce rul'es which would protect its employees, while…
2Cases cited4 opinions
- Ford v. . the Lake Shore and Michigan Southern Ry. Co.New York Court of Appeals · 1889
- Biddiscomb v. CameronAppellate Division of the Supreme Court of the State of New York · 1898
- Byrnes v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Koehler v. New York Steam Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Koehler v. . New York Steam Co.New York Court of Appeals · 1905
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904