Murray v. . Usher
New York Court of Appeals
Appear from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff to recover damages for alleged negligence causing the death of John Blanchard, plaintiff’s intestate. Blanchard was employed by defendants Usher & Watkins as a day laborer in their saw-mill.
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Appear from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff to recover damages for alleged negligence causing the death of John Blanchard, plaintiff’s intestate. Blanchard was employed by defendants Usher & Watkins as a day laborer in their saw-mill. While so employed a platform upon which he was fell, and he received injuries causing his death. Defendant Lewis was their superintendent, having general…
1Opinion of the CourtAndrews, J.
We concur in the opinion below that a case was made for the jury upon the question whether there was negligence in failing to.ascertain the defective condition of the platform, and to take necessary means for its reparation. Certain questions of law have been argued by the counsel for the defendants which we will briefly consider. The judgment could not be maintained against the defendant Lewis if the case presented an exception raising the question that his neglect to perform the duty imposed on him by his employers to inspect and repair the platform from time to time, so as to keep it in a…
2Cases cited1 opinion
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
3Cited by46 opinions
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Miller v. MuscarelleNew Jersey Superior Court Appellate Division · 1961
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- De Clara v. Barber Steamship Lines, Inc.New York Court of Appeals · 1956
- Judson v. FieldingAppellate Division of the Supreme Court of the State of New York · 1929
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