Kirby v. President
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The President, etc., of the Delaware and Hudson Canal Company and Dell Brown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 12th day of Novemher, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, The President, etc., of the Delaware and Hudson Canal Company and Dell Brown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 12th day of Novemher, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the defendants’ motion for a new trial made upon the minutes. This action was brought to recover damages for personal injuries sustained by the plaintiff while waiting, for the purpose of taking passage upon the defendant corporation’s…
1Opinion of the Court
Herrick, J.:
There was no contractual relation existing between the plaintiff and .the defendant Brown at the time of the accident, and he simply owed to her the ordinary care and duty that any person owes to another in the conduct of his business or the care and management of his property. And the mere fact of the explosion, while the apparatus was under the control and management of the defendant, is not, in the absence of any contractual relation, evidence sufficient to charge the defendant with negligence.. (Cosulich v. Standard Oil Co., 122 N. Y. 118; Reiss v. New York Steam Co., 128 id.…
2Cases cited3 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
3Cited by12 opinions
- United States v. St. ClairDistrict Court, E.D. New York · 1968
- Starkey v. H. O. Wooten Grocery Co.Court of Appeals of Texas · 1912
- Moulton v. MoultonSupreme Court of Minnesota · 1929
- Parry Manufacturing Co. v. EatonIndiana Court of Appeals · 1908
- United States v. LamberdDistrict Court, W.D. Missouri · 1970
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