Maltbie v. . Belden
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 4, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 4, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s intestate in voluntarily entering upon the hazardous work of putting out the fire, at the request of his foreman, Seely, assumed all the risks incidental thereto, of which the falling of burning trees and limbs was plainly one of the most direct and…
1Opinion of the CourtBartlett, J.
This action was brought by the plaintiff, as administratrix of the estate of her deceased husband, to recover of the defendants damages in negligently causing his death.
In October, 1897, the defendants, under contract with the state, were engaged in deepening the Erie canal in the town of Camillus, Onondaga county. The deceased was working with a gang of men employed by the defendants under the supervision of Orson Seeley as foreman. These workmen were engaged in driving spiles as part of the work they were prosecuting. The canal at this point ran east and west and was crossed at right angles…
2Cases cited15 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Crown v. . OrrNew York Court of Appeals · 1893
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
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3Cited by12 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
- Drake v. Auburn City Railway Co.New York Court of Appeals · 1903
- In re Lee Transit Corp.Court of Appeals for the Second Circuit · 1930
- Manifold v. United States Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1924
7 more not listed; retrieve them via the Exa API.