Legal Opinion

Burns v. Palmer

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1905PublishedCited by 2 opinions

Appeal by the plaintiff, Elizabeth Burns, as administratrix, etc., of Thomas White, deceased, from a judgment of' the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of July, 1904, upon the verdict of - a jury rendered by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15th day of July, 1904, denying the plaintiff’s motion for a…

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Appeal by the plaintiff, Elizabeth Burns, as administratrix, etc., of Thomas White, deceased, from a judgment of' the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of July, 1904, upon the verdict of - a jury rendered by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 15th day of July, 1904, denying the plaintiff’s motion for a new trial made' upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff’s intestate was in the service of the defendant at his coal yard in the borough of Brooklyn, where he was employed to trim coal and do any work which he might be directed to perform about the premises. In the yard were two long pockets, used for the temporary storage of coal,- and divided into bins. These bins were filled with coal, dumped into them from ears which received *322their loads from boats at a dock on Go wan us street and were then inn along the track and stopped at the bin in which it. was desired to place the coal, where by means of a" mechanical…

2Cases cited1 opinion

  1. Bohn v. . HavemeyerNew York Court of Appeals · 1889

3Cited by2 opinions

  1. Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Judd v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913

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