Dowdell v. . Lackawanna Steel Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 16, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the-complaint by the court at a Trial Term. This action has been twice tried.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 16, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the-complaint by the court at a Trial Term. This action has been twice tried. At the first trial the plaintiff recovered a verdict of $9,500.00. A second trial was had where the record of the first trial was read in evidence and some further facts proved, resulting in a directed verdict in favor of the defendant of no cause of action, which was affirmed by the Appellate…
1Opinion of the CourtEdward T. Bartlett, J.
The scene of the accident where the plaintiff received his injuries, for which he seeks to recover damages in this action, was at the defendant’s steel plant, near the city of Buffalo, at West Seneca, on October 23rd, 1902. The plaintiff, while assisting in operating a device known as a “ locomotive crane,” was injured by its capsizing and falling upon him.
A proper appreciation of the situation requires a brief description of the device known as a locomotive crane. A witness for the plaintiff was permitted to read from the manufacturer’s circular a description of this crane: “ The frame work…
2Cases cited1 opinion
- Cullen v. . NortonNew York Court of Appeals · 1891
3Cited by2 opinions
- Pezzo v. PaternoAppellate Division of the Supreme Court of the State of New York · 1950
- Stewart v. Hinkle Iron Co.Appellate Division of the Supreme Court of the State of New York · 1910