Legal Opinion

Stringham v. . Hilton

New York Court of Appeals

Decided November 27, 1888PublishedCited by 67 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial This action was brought to recover damages for injuries received by plaintiff while employed in the storehouse on the farm of Cornelia ¡M¡. Stewart, deceased, defendant’s testatrix, through the fall of an elevator…

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial This action was brought to recover damages for injuries received by plaintiff while employed in the storehouse on the farm of Cornelia ¡M¡. Stewart, deceased, defendant’s testatrix, through the fall of an elevator therein. Pending the appeal to this court the defendant died and the action was revived and continued against her…

1Opinion of the CourtDanforth, J.

The parties were master and servant; the latter, in the course of his employment received an injury, for which he brought this action. He has recovered damages against the exception of the defendant to the submission of any question to the jury, and the judgment in his favor ■ should stand if. there is evidence which,, upon any just construction, tends to show that the defendant had committed any negligence to give occasion to the hurt. If not, the law affords to the plaintiff no remedy.

It appeared that the defendant was the owner of a large farm, and, in connection 'with it, a storehouse,…

2Cases cited4 opinions

  1. Burke v. . WitherbeeNew York Court of Appeals · 1885
  2. King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
  3. Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
  4. McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881

3Cited by67 opinions

  1. Butler v. . TownsendNew York Court of Appeals · 1891
  2. Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
  3. Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
  4. William Laurie Co. v. McCulloughIndiana Supreme Court · 1910
  5. Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901

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