Quinn v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget Quinn, as administratrix, etc., of Patrick P. Quinn, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of July, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 27th day of June, 1899, denying…
Read the full summary
Appeal by the plaintiff, Bridget Quinn, as administratrix, etc., of Patrick P. Quinn, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of July, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 27th day of June, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Rumsey, J. (dissenting):
I think the judgment should be reversed. The undisputed facts are that the defendant was engaged in laying a pipe in a trench in Fifth avenue, in the city of New York. The trench had been dug to a depth of about nine or ten feet and was about six feet wide. The plaintiff’s intestate was a pipeman, having nothing to do with the digging of the trench, and whose duty it was to lay the pipe which was to be put into it. In September, 1896, while engaged in that work, the trench fell in. Several men at work within it were caught, and the plaintiff’s intestate killed by the…
2Cases cited1 opinion
- Del Sejnore v. . HallinanNew York Court of Appeals · 1897