Carron v. Standard Refrigerator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Standard Eefrigerator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 26th day of March, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 20th day of March, 1909, denying the defendant’s motion for a' new trial made upon the minutes.
1Opinion of the CourtHoughton, J.
On a former appeal the general facts surrounding the accident .. for which the plaintiff seeks to recover damages were stated, and a repetition of them is now unnecessary.
Because of the plaintiff’s experience and familiarity with the work this court on that appeal eliminated as a possible ground of negligence on the part of the defendant any failure to warn the plaintiff of thé dangerous character of the work in which he was engaged. (122 App. Div. 296.)
On the retrial which has resulted in the judgment from which the defendant now appeals, the- only grounds of • negligence upon which the…
2Cases cited6 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Sanford v. Spivey ex rel. BateTennessee Supreme Court · 1859
- Carron v. Standard Refrigerator Co.Appellate Division of the Supreme Court of the State of New York · 1907
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3Cited by1 opinion
- Colleren v. Underpinning & Foundation Co.Appellate Terms of the Supreme Court of New York · 1912