Lyman v. Putnam Coal & Ice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Putnam Coal and Ice Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of July, 1917, upon the verdict of a jury for $13,500, and also from an order entered in said clerk’s office on the 28th day of July, 1917, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Putnam Coal and Ice Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of July, 1917, upon the verdict of a jury for $13,500, and also from an order entered in said clerk’s office on the 28th day of July, 1917, denying defendant’s motion for a new trial made upon the minutes. The defendant owned and operated a factory for the manufacture of artificial ice. A crane, carrying a trolley or hoist, was used in the tank room to lift and carry the ice. The crane ran on tracks…
1Opinion of the Court
Blackmar, J.:
The plaintiff was neither a trespasser nor a licensee on defendant’s premises. He was there by the invitation of defendant upon a business in which both the defendant and plaintiff’s employer were interested. The relation of the parties was such that the defendant owed plaintiff a duty to use reasonable care that he should not be exposed to risk through a defective or an unsafe condition of the premises. (Holmes v. North Eastern Railway Co., L. R. 4 Exch. 254; affd., 6 id. 123; Corby v. Hill, 4 Com. B. [N. S.] 556; Casey v. Lehigh Valley Railroad Co., 128 App. Div. 86; Dunn v.…
2Cases cited6 opinions
- Matter of CaseNew York Court of Appeals · 1915
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Casey v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Puleo v. H. E. Moss & Co.Court of Appeals for the Second Circuit · 1947
- Morris v. Troy Savings BankAppellate Division of the Supreme Court of the State of New York · 1969
- Italiano v. Jeffrey Garden Apts. Section II, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Cartee v. Saks Fifth AvenueAppellate Division of the Supreme Court of the State of New York · 1951
- Puleo v. H. E. Moss & Co.Court of Appeals for the Second Circuit · 1947