Legal Opinion

Blanchard v. Delaware, Lackawanna & Western Railroad

New York Court of Appeals

Decided April 14, 1914Published

Appeal, by permission, from a judgment of the Appelte Division of the Supreme Court in the third judicial ipartment, entered July 22, 1910, affirming a judgment . favor of defendant entered upon á dismissal of the implaint by the court at a Trial Term. The nature of the action and the facts, so far as aterial, are stated in the opinion.

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Appeal, by permission, from a judgment of the Appelte Division of the Supreme Court in the third judicial ipartment, entered July 22, 1910, affirming a judgment . favor of defendant entered upon á dismissal of the implaint by the court at a Trial Term. The nature of the action and the facts, so far as aterial, are stated in the opinion. The failure of the aster to fulfill the duty cast upon him by .law of furnishing a servant a reasonably safe place in which to work is negligence. The duty of furnishing a safe place to work includes the duty to keep it safe, and to warn of hidden or…

1Opinion of the CourtMiller, J.

The action is for personal injuries. The plaintiff was employed by the defendant as foreman of a gang of painters, about sixteen in number, who were engaged in scraping, preparatory to painting, an overhead steel truss bridge on the defendant’s main line a few miles west of Binghamton. The bridge consisted of six spans, each one hundred and sixty-four feet long, resting on piers. There were two tracks across the bridge. The space between the tracks from center to center of the guardrails was five and two-tenths feet. The floor beams or girders of the bridge were seventeen and eight-tenths *82feet…

2Cases cited6 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  3. Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  4. Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  5. Froehlich v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1907

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