Larmore v. . Crown Point Iron Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court'in the third judicial department, entered upon an order made the second Tuesday of September, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court'in the third judicial department, entered upon an order made the second Tuesday of September, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. Defendant owed plaintiff no duty; he was, when injured, a trespasser or mere licensee upon defeudant’s premises. (Severy v. Nickerson, 120 Mass. 306;…
1Opinion of the CourtAndrews, J.
We are unable to perceive, upon the evidence, that any duty rested on the defendant to keep the whimsey in repair for the protection of the plaintiff. The defendant for its own purposes, and in the prosecution of its business, had constructed a machine for raising ore from its mines. It consisted of an upright, or mast, in which a lever was inserted by the device of a mortise and tenon, and as an additional precaution for keeping the lever in place, an iron pin was driven through the mast and tenon. The machine was worked by attaching horses to the end of the lever, by nfeans whereof, a…
2Cases cited3 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
3Cited by99 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Faris v. HobergIndiana Supreme Court · 1893
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Woodruff v. BowenIndiana Supreme Court · 1893
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
94 more not listed; retrieve them via the Exa API.