Dillon v. . National Coal Tar Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action is based upon alleged negligence resulting in personal injuries. On the loth of January, 1901, the plaintiff, a steamfitter forty-eight years of age, and employed by the defendant, sustained the injuries complained of.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action is based upon alleged negligence resulting in personal injuries. On the loth of January, 1901, the plaintiff, a steamfitter forty-eight years of age, and employed by the defendant, sustained the injuries complained of. He had been directed by the foreman of the defendant to .take down a line of pipe which ran along and near the- ceiling of…
1Opinion of the CourtWerner, J.
As the shaft which caused plaintiff’s injuries was elevated 14 or 15 feet above the floor of the defendant’s factory, and could be reached only by the use of a ladder, the defendant cannot be charged with negligence under the Factory Act in failing to properly guard it. (Glens Falls P. G. Co. v. Travelers' Ins. Co., 162 N. Y. 399.) The only ground upon which the defendant can be held liable, if at all, is that it failed in its duty to properly instruct the plaintiff before he was directed to take down the pipe upon which he was at work when injured. If the danger to be apprehended by coming…
2Cases cited7 opinions
- Crown v. . OrrNew York Court of Appeals · 1893
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Ford v. Mount Tom Sulphite Pulp Co.Massachusetts Supreme Judicial Court · 1899
- Carey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Caspar v. LewinSupreme Court of Kansas · 1910
- Miller v. Kimberly & Clark Co.Wisconsin Supreme Court · 1908
- Strode v. Columbia Box Co.Missouri Court of Appeals · 1907
- Conway v. . NaylorNew York Court of Appeals · 1918
- McCarney ex rel. Leclaire v. Bettendorf Axle Co.Supreme Court of Iowa · 1912
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