Simone v. . Kirk
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 18, 1901, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. This action was brought to recover damages alleged to have been caused by the negligence of the defendants resulting in the death of the plaintiff’s intestate.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 18, 1901, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. This action was brought to recover damages alleged to have been caused by the negligence of the defendants resulting in the death of the plaintiff’s intestate. At the trial the jury rendered a verdict for the plaintiff, but the judgment entered thereon was reversed by the Appellate Division. The order of reversal stated that it was founded upon questions of law only, “the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In the spring of 1899 the defendants were engaged in removing ashes and cinders from the "Solvay Dump," so called, and using the same to ballast a railroad which they were constructing between the city of Syracuse and the village of Baldwinsville. The "Solvay Dump" was a great bank of refuse material composed chiefly of loose ashes and cinders which were fit for ballast, and masses of lime paste which was not fit for that use. The pile on its northerly side…
2Cases cited10 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Butler v. . TownsendNew York Court of Appeals · 1891
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Gates v. . StateNew York Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Andrulonis v. United StatesDistrict Court, N.D. New York · 1989
- Jenks v. . ThompsonNew York Court of Appeals · 1904
- Pelow v. . Oil Well Supply Co.New York Court of Appeals · 1909
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
22 more not listed; retrieve them via the Exa API.