Crown v. . Orr
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while in defendants’ employ. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while in defendants’ employ. The facts, so far as material, are stated in the opinion. It is the settled rule of law that a master’s liability to his servants for injuries received in their employment is based upon the personal negligence of the…
1Opinion of the CourtO’Brien, J.
The relation of master and servant existed-between the plaintiff and the defendants at the time that the former received the personal injury for which he has recovered damages. The question presented is whether, upon- any view of the evidence, the result can be attributed to any fault or neglect on the part of the master. The rules of law in such cases are well settled, but it is not always easy to apply them to the varying facts in each particular case. The master does not insure the servant against all accidents and mishaps that may befall him in the business. The servant, when he enters…
2Cases cited3 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- De Graff v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Haskin v. N. Y. Central & Hudson River RailroadNew York Supreme Court · 1873
3Cited by74 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- Buehner Chair Co. v. FeulnerIndiana Court of Appeals · 1902
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