Legal Opinion

Huff v. American Fire Engine Co.

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

Decided July 1, 1903Published

Appeal by the defendant, The American Fire Engine Company, from an order of the Supreme Court, made at the Seneca Trial Term and entered in the office of the clerk of the county of Seneca on the 12th day of March, 1903, denying the defendant’s motion to set aside the verdict of a jury for $2,000 theretofore rendered in favor of the plaintiff, and for a new trial made upon the minutes.

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Appeal by the defendant, The American Fire Engine Company, from an order of the Supreme Court, made at the Seneca Trial Term and entered in the office of the clerk of the county of Seneca on the 12th day of March, 1903, denying the defendant’s motion to set aside the verdict of a jury for $2,000 theretofore rendered in favor of the plaintiff, and for a new trial made upon the minutes. The action was commenced on the 9th day of October, 1902, to recover the damages sustained by the death of James D. Huff, plaintiff’s husband, alleged to have been caused through the negligence of the defendant…

1Opinion of the Court

McLennan, P. J.:

The material facts'of this case are not in dispute. The defendant was engaged in manufacturing steam fire engines in the village of Seneca Falls, N. Y., and operating a foundry in connection therewith. So far as important to note, the foundry building in which the accident complained of happened was a two-story structure, the ground floor of which was used as a molding room. Directly above it was a “ scaffold room,” so called, eighteen feet eight inches long and sixteen feet wide. The walls were made of brick, and the floor of iron. It was well lighted and was reached from the…

2Cases cited2 opinions

  1. Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
  2. O'Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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