Legal Opinion

Flood v. . Western Union Telegraph Company

New York Court of Appeals

Decided March 1, 1892PublishedCited by 35 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. “ The defendant did not insure the safety of its employes.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. “ The defendant did not insure the safety of its employes. It was bound only to use reasonable and ordinary care to provide for them a safe place to do their work, and they assumed the ordinary risks of the employment in which they were engaged. The cross-arms on telegraph poles, manifestly from their usual size and strength, are…

1Opinion of the Court

Earl, Ch. J.,

reads for reversal and new trial.

Finch, Peckham and Maynard, JJ., concur; Andrews, Gray and O’Brien, JJ., dissent.

Judgment reversed.

2Cited by35 opinions

  1. Perham v. Portland Electric Co.Oregon Supreme Court · 1898
  2. Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
  3. Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
  4. McLean v. . Studebaker Brothers Co.New York Court of Appeals · 1917
  5. Anderson v. Inland Telephone & Telegraph Co.Washington Supreme Court · 1898

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