Fuller v. . Jewett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action ivas brought against the defendant as receiver, etc., of the Erie Railway, to recover damages for the death of Jefferson Fuller, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action ivas brought against the defendant as receiver, etc., of the Erie Railway, to recover damages for the death of Jefferson Fuller, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion. The duty which the master owes to his servant, to keep in his employment competent servants only, and to furnish suitable and reasonably safe machinery and appliances,…
1Opinion of the CourtAndrews, J.
The plaintiff’s intestate, an engineer on the Erie Railway was killed on the 23d of July, 1875, by the explosion of the boiler of a locomotive engine, belonging to the company, which the intestate was running as engineer, at the time of the accident. The engine was examined after the explosion, and it was found that a number of stay-bolts in the left leg of the boiler were broken, and others were corroded by rust, and the outer sheet of the boiler through which the stay-bolts passed was eaten away by rust to the extent of from one-third to one-half its original thickness.
The evidence…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Malone v. . HathawayNew York Court of Appeals · 1876
3Cited by95 opinions
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- Devlin v. . SmithNew York Court of Appeals · 1882
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
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