Legal Opinion

Duke v. American Museum of Natural History

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

Decided July 10, 1913PublishedCited by 2 opinions

Appeal by the defendant, The American Museum of Natural History, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1912, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 13th day of December, 1912, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Dowling, J.:

Appeal from a judgment on a verdict of a jury in the sum of $12,500, for damages claimed to have been sustained by plaintiff by reason of defendant’s negligence. The action is brought under the Employers’ Liability Law. (See Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art. 14, as amd. by Laws of 1910, chap. 352.)

On December 15, 1910, the plaintiff was employed by the defendant as a carpenter, and had been so engaged for two years and five months. On that day it was sought to change from a vertical to a horizontal position a certain exhibit consisting of a…

2Cases cited2 opinions

  1. Ryan v. Cortland Carriage Goods Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Ozogar v. Pierce, Butler & Pierce Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by2 opinions

  1. Duke v. American Museum of Natural HistoryAppellate Division of the Supreme Court of the State of New York · 1913
  2. Duncan v. International Committee of Young Men's Christian AssociationsAppellate Division of the Supreme Court of the State of New York · 1917

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