Legal Opinion

Stenger v. Buffalo Union Furnace Co.

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

Decided November 15, 1905PublishedCited by 2 opinions

Appeal by the defendant, The Buffalo Union Furnace Company, from a judgment of the Supreme Court in favor of. the plaintiff, entered in the office of the clerk of the county of Erie on the 10th day of February, 1905, upon the verdict of- .a jury for $5,000, and also from ail order entered in said, clerk’s office on the 10th day of February, 1905, denying the- defendant’s motion for a new trial made upon the minutes. • .

1Opinion of the Court

Hiscock, J.:

¥e think that the judgment and order appealed from must be reversed on account, of errors committed by the trial justice in the admission of evidence and also in his instructions to the juiy.

The action is brought to recover damages on account of the death--of plaintiff’s intestate which is alleged to have been caused by the negligence of the defendant while he was. in the employ of the' latter. At the timé, intestate was engaged in dumping material into thé top of one of defendant’s furnaces and he fell into the hopper' thereof receiving injuries from which, beyond dispute, he…

2Cases cited4 opinions

  1. Hickey v. . TaaffeNew York Court of Appeals · 1887
  2. Benfield v. Vacuum Oil Co.New York Supreme Court · 1894
  3. Fowler v. Buffalo Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Stenger v. Buffalo Union Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Hughes v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1919
  2. People ex rel. Sherwood v. BloodAppellate Division of the Supreme Court of the State of New York · 1907

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