Yaw v. Whitmore
Appellate Division of the Supreme Court of the State of New York
Action by William Taw against Valentine F. Whitmore and others. Verdict having been directed for defendants, motion for new trial on exceptions was ordered heard in the appellate division in„the first instance. Granted. The defendants are contractors, and as such were engaged, during the winter of 1896, in faking down and reconstructing a wasteweir on the Erie Canal, at a place called Cartersville, xvhich is about nine miles east of the city of Rochester.
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Action by William Taw against Valentine F. Whitmore and others. Verdict having been directed for defendants, motion for new trial on exceptions was ordered heard in the appellate division in„the first instance. Granted. The defendants are contractors, and as such were engaged, during the winter of 1896, in faking down and reconstructing a wasteweir on the Erie Canal, at a place called Cartersville, xvhich is about nine miles east of the city of Rochester. This wasteweir was from 50 to 60 feet in width. Its bottom was some 50 feet below the surface of the towpath, and its walls were…
1Opinion of the CourtAdams, J.
This case has been twice tried. Upon the first trial the plaintiff recovered a verdict of $6,000, which was set aside by reason of the refusal of the trial court to charge, upon the request of counsel, that if the cable in question was reasonably proper for the work, and broke because of the manner in which it was used by the men who erected the derrick, the master was not liable. 37 App. Div. 98, 55 N. Y. Supp. 1091. Upon the second trial the learned trial justice directed a verdict for the defendants at the close of the evidence, and then ordered the exceptions to. be heard by this court in…
2Cases cited11 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Probst v. . DelamaterNew York Court of Appeals · 1885
- Webber v. . PiperNew York Court of Appeals · 1888
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3Cited by3 opinions
- Moran v. Munson S. S. LineAppellate Division of the Supreme Court of the State of New York · 1903
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903