Legal Opinion

Farley v. White Engineering Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1909PublishedCited by 1 opinion

Appeal by the defendant, the Robert White Engineering Works, sued as Robert White Engineering Company, from a judgment of the Supreme Court in favor of the plaintiS, entered in the office of the clerk of the county of Kings on the 2oth day of May, 1908, upon' the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 25th day of May, 1908, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

This is a suit by a servant to recover upon common-law grounds damages for injuries alleged to have been sustained as a result of the master’s negligence. The appellant contracted with the Mew York Steam Company to take down and replace sections of a horizontal smoke flue extending along the side, and about thirty-five or forty feet from the floor, of a room one hundred and fourteen feet by sixty feet; about eight feet from one end, a vertical flue eight by ten feet at the top, intended for a smoke consumer or economizer, was fitted into the said horizontal flue which, at that end…

2Cases cited2 opinions

  1. Crispin v. . BabbittNew York Court of Appeals · 1880
  2. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890

3Cited by1 opinion

  1. Peterson v. J. B. & J. M. Cornell Co.Appellate Division of the Supreme Court of the State of New York · 1909

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