Caboni v. Gott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Oaboni, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orleans on the 26th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of June, 1911, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Michael Oaboni, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orleans on the 26th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of June, 1911, denying the plaintiff’s motion for a new trial made upon the minutes. Plaintiff’s intestate was killed while in the employ of the defendant in the work of removing a bank of earth along a trench dug for a sewer in the village of Medina.
1Opinion of the Court
Foote, J.:
The jury were instructed that they might find the defendant liable if the foreman was negligent in putting plaintiff’s intestate to work in a place of danger, or a place the dangerous character of which might have been discovered by the exercise of reasonable care; also that if the plaintiff’s intestate was negligent, contributing to his injuries, there could be no recovery, notwithstanding they found defendant’s foreman to have been negligent; also that if the defendant was negligent in that the foreman failed to inspect the bank after the explosion of the dynamite to ascertain…
2Cited by2 opinions
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
- Thompson v. Levering & GarriguesAppellate Division of the Supreme Court of the State of New York · 1913