Legal Opinion

Vogel v. . American Bridge Co.

New York Court of Appeals

Decided February 3, 1905PublishedCited by 44 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 28,1903, 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.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 28,1903, 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 selection of a proper and sufficient rope for the purpose of raising the truss in question from a, sufficient supply furnished by the master was a detail of the work, for the proper performance of which the master was not responsible. (Cullen v. Norton, 126 N. Y.…

1Opinion of the CourtGray, J.

The plaintiff has recovered a verdict against the defendant in an action to recover damages for a personal injury, which, he alleges, was occasioned through the negli-gence of the defendant. The justices of the Appellate Division, in the second department, were divided in opinion ; but the judgment upon the verdict was sustained by the majority and, upon this appeal by the defendant, the question is open to us whether the evidence was sufficient to make out a cause of action. In my opinion, it was not and the judgment should be reversed.

It appears that the defendant, a corporation, had…

2Cases cited6 opinions

  1. Cregan v. . MarstonNew York Court of Appeals · 1891
  2. Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
  3. Kimmer v. . WeberNew York Court of Appeals · 1897
  4. Webber v. . PiperNew York Court of Appeals · 1888
  5. Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
  2. McConnell v. Morse Iron Works & Dry Dock Co.New York Court of Appeals · 1907
  3. Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
  4. Babcock v. StateAppellate Division of the Supreme Court of the State of New York · 1919
  5. Union Pac. R. v. MaroneCourt of Appeals for the Eighth Circuit · 1917

39 more not listed; retrieve them via the Exa API.

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