Hope v. Fall Brooke Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fall Brook Coal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Steuben on the 12tli day of December, 1895, for $5,188.10 damages and costs, upon the verdict of a jury rendered after a trial at the Steuben Circuit, and also from an order entered in said clerk’s office on the 12th day of December, 1895, denying the defendant’s motion for a new trial made upon a case and…
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Appeal by the defendant, the Fall Brook Coal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Steuben on the 12tli day of December, 1895, for $5,188.10 damages and costs, upon the verdict of a jury rendered after a trial at the Steuben Circuit, and also from an order entered in said clerk’s office on the 12th day of December, 1895, denying the defendant’s motion for a new trial made upon a case and exceptions. * This action was brought to recover damages for injuries received by the plaintiff through the alleged…
1Opinion of the CourtGreen, J.
J. The question, when an injury is done, is whether there is any responsible person who could, if he had chosen, have prevented it; but who, either seeing.the evil consequences, or negligently Q'efusing to see them, has put into motion, either negligently or intentionally, a series of material forces by which the injury was produced. This is the basis of the distinction betweed causes and conditions. (Whárt. on Reg. § 85.)
The cause of the injury was the action of the buffers in coming together. The escape of the steam was a condition of the injury.
It is not merely distance of place or…
2Cases cited1 opinion
- Sutton v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by9 opinions
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
- Andrulonis v. United StatesCourt of Appeals for the Second Circuit · 1991
- Pittsburgh S. S. Co. v. PaloCourt of Appeals for the Sixth Circuit · 1933
- Solazzo v. OcchinoNew York Supreme Court · 1957
- Warner v. Village of RandolphAppellate Division of the Supreme Court of the State of New York · 1897
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