Sullivan v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carroll Dunham and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6 th day of June, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held iu and for the county of Westchester, and also from an order entered in said clerk’s office on the 13th day of June, 1896, denying the defendants’ motion for a new trial made…
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Appeal by the defendants, Carroll Dunham and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6 th day of June, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held iu and for the county of Westchester, and also from an order entered in said clerk’s office on the 13th day of June, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
On June 10, 1895, the plaintiff's daughter, Annie E. Harten, a girl nineteen years of age, was killed on a public highway known as the Harriman road at Irvington, N. V., by a blow from a falling stump which had been thrown high into the air and a distance of more than 400 feet by a blast fired on the land of Dr. Carroll Dun-ham for the purpose of removing a large elm. The defendants Dinkel and Jewell, who were partners, had been employed by Dr. Dunham to do the blasting, and one of them was to superintend the work under the direction of Dr. Dunham’s foreman, whose name…
2Cases cited6 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Wright v. ComptonIndiana Supreme Court · 1876
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cary Bros. & Hannon v. MorrisonCourt of Appeals for the Eighth Circuit · 1904
- Sullivan v. DunhamAppellate Division of the Supreme Court of the State of New York · 1898
- Twohy Bros. v. KeponArizona Supreme Court · 1920
- Sullivan v. DunhamAppellate Division of the Supreme Court of the State of New York · 1898