Legal Opinion

Purcell v. Hoffman House

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1904PublishedCited by 1 opinion

• Appeal by the defendant, Hoffman House, 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 27th day of June, 1902, ■upon the verdict of a jury for $2,500, and also from an order bearing date the 26th day of June,, 1902, and entered in said clerk’s ■office, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff, an oiler and general utility man employed in the engine room of the defendant corporation at its hotel, the Hoffman House, in the city of New York, was injured by the explosion of a gasoline torch while at work inside a boiler, making repairs by direction of the defendant’s chief engineer. The temperature of the place in which the plaintiff was thus directed to work was.about .170 degrees Fahrenheit; the theory of the action is that the torch was a dangerous implement to be¡ used or handled in that particular place, and that the defendant was negligent in…

2Cases cited1 opinion

  1. Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900

3Cited by1 opinion

  1. Purcell v. Hoffman HouseAppellate Division of the Supreme Court of the State of New York · 1909

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