Byron v. New York State Printing Telegraph Co.
New York Supreme Court
APPEAL from an. order made at a special term, overruling a demurrer to the complaint. The complaint stated “ That the defendants, at and before the time of committing the grievances hereinafter mentioned, were the owners of a certain telegraph line, extending along the eastern bank of the Hudson river, and partly between the cities of Hudson and Poughkeepsie, in the state of New York ; and that the plaintiff was, on the 21st day of April, 1855, in the employ of the…
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APPEAL from an. order made at a special term, overruling a demurrer to the complaint. The complaint stated “ That the defendants, at and before the time of committing the grievances hereinafter mentioned, were the owners of a certain telegraph line, extending along the eastern bank of the Hudson river, and partly between the cities of Hudson and Poughkeepsie, in the state of New York ; and that the plaintiff was, on the 21st day of April, 1855, in the employ of the defendants, and it was the duty and employment of the plaintiff to climb up on to the telegraph poles, which sustained the wires,…
1Opinion of the Court
By the Oourt, Mitchell, P. J.
In Keegan v. The Western Rail Road Company, (4 Seld. 175,) the complaint is very similar to this, and 'judgment for the plaintiff was affirmed. Admitted knowledge in the defendants, of the defect in the engine, was not expressly stated there, but proof of such knowledge was received, under a complaint alleging negligence in the defendants. If that complaint had been defective, judgment upon it should not have been affirmed. It is true, *41the point Was not raised, whether, under such a complaint, proof of knowledge by the defendants, of the defect in the engine,…
2Cited by4 opinions
- Buzzell v. Laconia Manufacturing Co.Supreme Judicial Court of Maine · 1861
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Criswell v. Railway Co.West Virginia Supreme Court · 1888
- Knaresborough v. Belcher Silver Min. Co.U.S. Circuit Court for the District of Nevada · 1875