Cassin v. Stillman, Delehanty-Ferris Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stillman, Delehanty-Ferris Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of February, 1918, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 31st day of January, 1918, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Stillman, Delehanty-Ferris Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of February, 1918, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 31st day of January, 1918, denying defendant’s motion for a new trial made upon the minutes. The defendant was a general contractor for the construction of certain sheds at Weehawken, N. J., for the West Shore Railroad Company. Such contract embraced the roofing of the sheds, and a…
1Opinion of the Court
Blackmar, J.:
The learned trial justice accurately charged the jury that the plaintiff, in order to recover, must prove facts showing that the defendant owed to plaintiff a duty with respect to the ladder the breaking of which caused the injury; that as the plaintiff was not in the employ of the defendant and no contractual relation existed between them, that duty must arise, if at all, out of the contract between the defendant and plaintiff’s employer, the H. W. Johns-Manville Company; and if the defendant was obligated by such contract to furnish ladders for the use of the employees of the…
2Cases cited5 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Quigley v. . ThatcherNew York Court of Appeals · 1912
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Folinsbee v. . SawyerNew York Court of Appeals · 1898
3Cited by6 opinions
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- Electrical Research Products, Inc. v. GrossCourt of Appeals for the Ninth Circuit · 1941
- People ex rel. Hilton v. FahrenkopfAppellate Division of the Supreme Court of the State of New York · 1938
- Deveso v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1924
- Salisbury v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1927
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