Legal Opinion

McConnell v. Morse Iron Works & Dry Dock Co.

New York Court of Appeals

Decided February 19, 1907PublishedCited by 19 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1905, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHaight, J.

This action .was brought to recover damages resulting from the death of plaintiff’s intestate through the alleged negligence of the defendant.

On the third day of April, 1903, the decedent and one ¡Robert Gr. Wilson were in the employ of the defendant, Wilson as a steamfitter or plumber, and the decedent as his helper, and had been so engaged for six or seven months. In the defendant’s blacksmith shop there was a small water pipe which ran from the ground up the side of the wall of the building to the ceiling above, and thence along the side of the wall to the plate shop. ¡Near the ground…

2Cases cited2 opinions

  1. Kimmer v. . WeberNew York Court of Appeals · 1897
  2. Vogel v. . American Bridge Co.New York Court of Appeals · 1905

3Cited by19 opinions

  1. Kaufman v. . HopperNew York Court of Appeals · 1917
  2. Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1909
  5. Droge v. John N. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1908

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