Legal Opinion

McCarragher v. . Rogers

New York Court of Appeals

Decided June 3, 1890PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for injuries received by plaintiff while in defendant’s employ. The material facts are stated in the opinion.

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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 May 9, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for injuries received by plaintiff while in defendant’s employ. The material facts are stated in the opinion. The admission of testimony involving an inquiry as to the circumstances under which other accidents took place is not allowable. (Sherman v. Kortright, 52 Barb. 267, 269; Parker v. P. P.…

1Opinion of the CourtBradlet, J.

The plaintiff received an injury, resulting in the amputation of his right leg, while he was in the service of the defendant in the paper-box factory of the latter, in the city of Brooklyn. The plaintiff was engaged at the printing and stamping press, and his business was to take from the cylinder, sheets of straw board as they came from the machine prepared for boxes. In doing this work he sat upon a table two feet in width, extending across that end of the machine and parallel with the cylinder from which the sheets were taken as they came from the press. He sat with his right side toward…

2Cases cited6 opinions

  1. Hickey v. . TaaffeNew York Court of Appeals · 1887
  2. Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
  3. Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
  4. Crocker v. McGregorSupreme Judicial Court of Maine · 1884
  5. Maggi v. CuttsMassachusetts Supreme Judicial Court · 1878

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3Cited by27 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Marino v. . LehmaierNew York Court of Appeals · 1903
  3. Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
  4. Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
  5. Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912

22 more not listed; retrieve them via the Exa API.

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