Meehan v. Judson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James J. Meehan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 10th day of December, 1897, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Onondaga Trial Term.
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Appeal by the plaintiff, James J. Meehan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 10th day of December, 1897, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Onondaga Trial Term. In 1896, the respondents were operating the Syracuse Street Railway, and the appellant was a laborer in their employ. During his service he was injured in a barn on Wolf street, in the city of Syracuse, while engaged in…
1Opinion of the Court
Spring, J.:
The appellant had been in the employ of the respondents since the fall of 1895 ; he had been taking care of the steam pump, and had done no work in connection with the operation of the jack until two days prior to the 2d of June, 1896, when he was injured. During these two days he was engaged in working the lever to hoist and lower the motors. Four motors had been lowered and cleaned in these two days, and that comprised the sum of respondent’s experience in that business; he had never heard any complaint of a defect in the jack and did not know it was out of gear. On the day of…
2Cases cited8 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Chisholm v. . StateNew York Court of Appeals · 1894
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
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3Cited by2 opinions
- Leland v. HearnAppellate Division of the Supreme Court of the State of New York · 1900
- Young v. United States Mortgage & Trust Co.New York Supreme Court · 1911