McGarry v. . Loomis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff, alleged to have been occasioned by defendants’ negligence. Defendants were carrying on a planing mill in the city of Brooklyn.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff, alleged to have been occasioned by defendants’ negligence. Defendants were carrying on a planing mill in the city of Brooklyn. They used a steam engine, from which waste hot water and steam were conducted by a pipe under the sidewalk to a hole inside the curbstone, which contained hot water and steam coming…
1Opinion of the Court
Chuboh, Oh. J.
The question of the1 defendants’ negligence in carrying a steam pipe from their factory under the sidewalk, and discharging the same so as to cause a pool of hot water on and adjacent to the walk, in which the plaintiff was found injured, was properly submitted to the jury, and no exception was taken to the charge on that subject. The defendants’ counsel requested the court to charge, that if the child had not sufficient discretion to see the danger from the hot water by reason of its tender age, then it was negligence, on the part of the parents to allow the child to be at this…
2Cases cited2 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
3Cited by44 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Stein v. PalisiNew York Court of Appeals · 1955
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
39 more not listed; retrieve them via the Exa API.