Broadbent v. New York Evening Journal Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, the New York Evening Journal Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 3d day of March, 1911, upon the verdict of a jury for $2,750, and also from an order entered in said clerk’s office on the 29th day of March, 1911, denying ■ the defendant’s motion for a new trial made upon the minutes in an action to recover for personal injuries.
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Appeal by. the defendant, the New York Evening Journal Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 3d day of March, 1911, upon the verdict of a jury for $2,750, and also from an order entered in said clerk’s office on the 29th day of March, 1911, denying ■ the defendant’s motion for a new trial made upon the minutes in an action to recover for personal injuries. The action is brought under the provisions of the Employers’ Liability Act, and the following facts are undisputed: The…
1Opinion of the Court
Rich, J.:
It is impossible to avoid the conclusion that the plaintiff knew of the smooth and slippery condition of the passageway upon which he fell. It is established by the testimony of his own witnesses that the condition he complains of had existed for years; that there were no hidden defects but merely the smooth, slippery surface of the floor caused by tracking of oil by defendant’s employees, which was perfectly obvious to the most ordinary observer. The fact that the action is brought under the Employers’ Liability Act is of no materiality in determining the question of plaintiff’s…
2Cases cited9 opinions
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Kline v. . AbrahamNew York Court of Appeals · 1904
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1898
- Kennedy v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
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3Cited by4 opinions
- Siegel v. BalikAppellate Division of the Supreme Court of the State of New York · 1926
- Broadbent v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Frangis Y. HoffmanAppellate Terms of the Supreme Court of New York · 1916
- Frawley v. New York, Ontario & Western Railway Co., New York County Courts1915