Scandell v. Columbia Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac F. Scandell, by Edward B. Scan-dell, his guardian ad litem, from a judgment of the Siipreme Court in favor of the defendant, entered in the office of the clerk of the county of Rockland on the 1st day of June, 1899, upon the dismissal of the complaint by direction of the court, rendered after a trial before the court and a jury at the Rockland Trial Term, with notice of an intention to bring uj) for review upon such appeal an order directing…
Read the full summary
Appeal by the plaintiff, Isaac F. Scandell, by Edward B. Scan-dell, his guardian ad litem, from a judgment of the Siipreme Court in favor of the defendant, entered in the office of the clerk of the county of Rockland on the 1st day of June, 1899, upon the dismissal of the complaint by direction of the court, rendered after a trial before the court and a jury at the Rockland Trial Term, with notice of an intention to bring uj) for review upon such appeal an order directing the dismissal of the complaint upon the merits, and refusing to submit said action and the questions of fact arising upon…
1Opinion of the Court
Hatch, J.:
This action was brought to recover damages for an injury claimed to have been sustained by the plaintiff on account of- the negligence of the defendant. It appeared upon the trial that the defendant was engaged in unloading a vessel laden with asphalt, lying at the wharf at Jones’ Point. The asphalt was lifted out of the hold of the vessel by means of a derrick which was operated by steam power. The plaintiff was the driver of a horse which was attached to a cart. The method of conducting the operation was to back the cart to a point near the vessel, the asphalt was lifted in a…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Durkin v. . SharpNew York Court of Appeals · 1882
- Tomaselli v. John Griffiths Cycle Corp.Appellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Yess v. Chicago Brass Co.Wisconsin Supreme Court · 1905
- Hamilton v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Vickers v. Kanawha & West Virginia RailroadWest Virginia Supreme Court · 1908
- Flanagan v. F. W. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Eble v. PelusoCalifornia Court of Appeal · 1947
8 more not listed; retrieve them via the Exa API.