Mullin v. Genesee County Electric Light, Power & Gas Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 25, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying the motion for a nonsuit and for a direction of a verdict, and in submitting to the jury the question of a safe place in which to work. (Citrone v. O’Rourke Eng.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 25, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying the motion for a nonsuit and for a direction of a verdict, and in submitting to the jury the question of a safe place in which to work. (Citrone v. O’Rourke Eng. Constr. Co., 188 N. Y. 339; O’Connell v. Clark, 22 App. Div. 466; Strowbridge v. Brooklyn City Railway Co., 9 App. Div. 584;…
1Opinion of the CourtWerner, J.
The plaintiff, a lineman employed by the defendant on the 18th day of July, 1907, was injured by the falling of a pole which was part of a line of wires then in course of construction in Genesee county for the transmission of electric power. The action was commenced under the Employers’ Liability Act and the notice required by that statute seems to have been served. That theory was abandoned at the trial, however, and the case went to the jury as one at common law, involv- . ing the question whether the defendant as employer had discharged its duty to the plaintiff to furnish him a rea…
2Cases cited8 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Finn v. . CassidyNew York Court of Appeals · 1901
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3Cited by36 opinions
- Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
- Gasper v. Ford Motor Co.New York Court of Appeals · 1963
- Florida Power & Light Co. v. RobinsonSupreme Court of Florida · 1953
- Bruszewski v. Isthmian S. S. Co.Court of Appeals for the Third Circuit · 1947
31 more not listed; retrieve them via the Exa API.