Cullen v. . Norton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 24, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 24, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence.' The deceased was employed by defendant as a laborer in his cement quarry and was engaged in drilling rock for blasting purposes, under Patrick Doran, defendant’s foreman. Prior to the accident, eleven holes, had been drilled in a perpendicular…
1Opinion of the CourtPeokham, J.
Assuming Doran to have been negligent, is the evidence in the case of such a nature as to show that the defendant was responsible for it, or was the negligence that of a fellow servant of the intestate ? I think it was the latter. A master is bound to furnish reasonably safe and suitable implements for the use of the servant, and a reasonably safe" place of employment, considering the nature of the employment itself. There is very little room for disagreement as to the principles of law in tins class of cases, hut the difficulty lies in their application to the facts of each special case.
Did…
2Cases cited7 opinions
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- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Hussey v. . CogerNew York Court of Appeals · 1889
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
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3Cited by95 opinions
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