Kern v. DeCastro & Donner Sugar Refining Co.
New York Court of Appeals
Appear from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 22, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff while in defendant’s employ,. by the falling of an elevator used in its refinery. The facts, so far as material, are stated in the opinion.
Read the full summary
Appear from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 22, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff while in defendant’s employ,. by the falling of an elevator used in its refinery. The facts, so far as material, are stated in the opinion. The defendant did not owe to the plaintiff the duty of furnishing the best known or the best conceivable appliances. They were only bound…
1Opinion of the CourtFinch, J.
The plaintiff failed to establish any actionable negligence on the part of the defendant. We have, had occasion quite recently to say that the master, in performance of his duty to his servants, is not bound to furnish the best known appliances, but such only as are reasonably safe; that the test is not whether he has omitted to do something which he could have done, nor whether better machinery might have been obtained, but whether his selection was reasonably prudent and careful, and whether the machinery provided was in fact adequate and proper for the use to which it was to be applied.…
2Cases cited1 opinion
- Stringham v. . HiltonNew York Court of Appeals · 1888
3Cited by25 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Sievers v. Peters Box & Lumber Co.Indiana Supreme Court · 1898
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Hall v. MurdockMichigan Supreme Court · 1897
- Bennett v. . Long Island R.R. Co.New York Court of Appeals · 1900
20 more not listed; retrieve them via the Exa API.