Robinson v. . Consolidated Gas Co.
New York Court of Appeals
' Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that no witnesses told how or why the scaffold fell and, therefore, the maxim res ipsa loquitur applied.
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' Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that no witnesses told how or why the scaffold fell and, therefore, the maxim res ipsa loquitur applied. (Cunningham v. Dady, 191 N. Y. 152; Duhme v. H. A. P. Co., 184 N. Y. 404 ; Griffen v. Manice, 166 N. Y. 188.) The court erred in…
1Opinion of the CourtVann, J.
On the 29th of April, 1905, the plaintiff’s intestate, a plumber in the permanent employment of the defendant, was so injured through the fall of a scaffold that he died in a short time. This action was brought under the Code of Civil Procedure and the Employers’ Liability Act to recover the pecuniary damages sustained by his next of kin.
The accident occurred in a coal vault beneath the sidewalk of No. 1 Broadway in the city of New York. The structure' upon which the decedent was working when the accident happened was used by the defendant in its business, although it does not appear by whom…
2Cases cited1 opinion
- Griffen v. . ManiceNew York Court of Appeals · 1901
3Cited by32 opinions
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- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Bressler v. New York Rapid Transit Corp.New York Court of Appeals · 1936
- Marceau v. Rutland Railroad Co.New York Court of Appeals · 1914
- Huston v. DobsonAppellate Division of the Supreme Court of the State of New York · 1910
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