Welsh v. . Cornell
New York Court of Appeals
Appeal from ■ an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the 'court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from ■ an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the 'court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The record shows only an unexplained accident not in any way connected with any negligence or the omission of any duty oh the part of the defendant. (Carlson v. P. B. Co., 132 N. Y. 273; Boess v. C. & P. B. Co., 12 App. Div. 366; Soderman v. Kemp,…
1Per curiam
This was an action to recover for personal injuries sustained by the plaintiff and alleged to have been caused by the negligence of the defendant. The' plaintiff, his servant, was injured while in the defendant’s employ by the breaking and falling of a portion of a clamp to which was attached the guy rope of a derrick owned by the defendant and in use upon his premises when the accident occurred.' The plaintiff was at work under this guy rope and immediately in front of a post to which it was attached by the clamp which gave way. As negligence is not to be presumed, but must be proved to…
2Cited by13 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Kelly v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1954
- O'Connor v. 595 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1965
- National Biscuit Co. v. WilsonIndiana Supreme Court · 1907
- Beltz v. . Buffalo, R. P. Ry. Co.New York Court of Appeals · 1918
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