Legal Opinion

Mcdonough v. Clonbrock Steam Boiler Co.

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

Decided June 8, 1906PublishedCited by 2 opinions

Appeal by the. defendant, The Clonbrock Steam Boiler Company, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on ‘the -6th day" .» of,March, .1905, upon the verdict of a jury for $J,500, and also, from an order entered in- said clerk’s office on the 8th day of March,. 1905, ‘ denying the defendant’s motion for a new trial made upon tile minutes.

1Opinion of the Court

Jenks, J.:

The action is by servant against master for negligence. The mas-’ ter.was constructing-galleries on á Vertical cylindrical boiler forty feet high and' twenty or thirty feet in diameter! These galleries were a *433common feature of such boilers and were designed for the use of the engineers, firemen and the like when attending the boiler. The description indicates that a gallery was like unto that one often sees about- light towers on the coasts. It was the custom of the defendant to make the various parts of the galleries (which were constructed of iron or other metal) in its shop and…

2Cases cited2 opinions

  1. Fuller v. . JewettNew York Court of Appeals · 1880
  2. Stourbridge v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Dillon v. Trustees of St. Patrick's CathedralAppellate Division of the Supreme Court of the State of New York · 1921
  2. People v. Eng HingNew York Court of General Session of the Peace · 1914

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