Tobin v. Yonkers Electric Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Yonkers Electric Light and Power Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of June, 1915, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of June, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
The defendant appeals from a judgment against it for personal injuries, and from an order refusing a new trial. The verdict was for $5,000 damages. The parties were master and servant. The claim of the plaintiff was that the master had furnished him with a defective and dangerous tool, and that, in the prosecution of the work, the plaintiff was seriously injured, without any negligence on his part, by an accident arising from the use of the defective tool. The defendant was engaged in the erection of poles, along a public highway, which were to be used to carry its wires. The…
2Cases cited3 opinions
- MacDonald v. . CrisseyNew York Court of Appeals · 1915
- Kellogg v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Collelli v. TurnerAppellate Division of the Supreme Court of the State of New York · 1912