Gillespie v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget Gillespie, as administratrix, etc., of John Gillespie, deceased, from a judgment of the Court of Common Pleas for the city and county of ¡New York in favor of the defendant, entered in the office of the clerk of said court on the 13th day of June, 1895, upon the verdict of a jury rendered after a trial at a Trial Term of said' court, and also from an order entered in said clerk’s office on the 6th day of June, 1895, déuying her motion for a…
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Appeal by the plaintiff, Bridget Gillespie, as administratrix, etc., of John Gillespie, deceased, from a judgment of the Court of Common Pleas for the city and county of ¡New York in favor of the defendant, entered in the office of the clerk of said court on the 13th day of June, 1895, upon the verdict of a jury rendered after a trial at a Trial Term of said' court, and also from an order entered in said clerk’s office on the 6th day of June, 1895, déuying her motion for a new trial made upon the minutes.
1Opinion of the CourtRumsey, J.
This action was brought to recover damages arising from negligence of the defendant which resulted in the death of the plaintiff’s intestate, who was at that time in the defendant’s employ. The accident occurred on the 2d day of ¡November, 1893, by the explosion of a steam boiler situated in the building occtrpied by the defendant in East Fourteenth street. It was claimed, on the part of the plaintiff, that the explosion of the boiler was due to defects which ought to have been discovered by the defendant if there had been a proper inspection, and that the defendant was negligent in not…
2Cases cited4 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Northwestern Life Insurance v. Muskegon BankSupreme Court of the United States · 1887
- People v. WaymanNew York Court of Appeals · 1891
- Laidlaw v. SageAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Whitlatch v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1897