McCampbell v. Cunard Steam-Ship Co.
New York Court of Common Pleas
Appeal from trial term. Action by Daniel McCampbell against the Cunard Steam-Ship Company, Limited. Defendant appeals from a judgment for the plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial;
1Opinion of the CourtBookstaver, J.
When the plaintiff rested, and again when all the evidence was in, the defendant moved to dismiss the complaint on the following, grounds: (1) That there was no evidence to charge defendant with any negligence in supplying a proper and reasonably safe appliance for the work to be done; (2) that the injury was occasioned through the fault of a fellow-employe, if there was any negligence; and (3) that it was one of the risks incident to the employment, which was as apparent to plaintiff as to defendant. These motions were denied, and defendant excepted. These exceptions raise the only questions…
2Cases cited13 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
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