Kuhn v. Delaware, L. & W. Railroad
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Christina Kuhn, as administratrix of the estate of Joseph Kuhn, deceased, against the Delaware, Lackawanna & Western Railroad Company, for the death of plaintiff’s intestate, caused by defendant’s negligence. From a judgment entered on a verdict in favor of plaintiff, and from an order denying its motion for a new trial, defendant appeals.
1Opinion of the CourtHardin, P. J.
Plaintiff’s intestate, at the time he received the injuries complained of, was at work upon a scaffold which had been erected by the defendant to use in reslating the roof upon its engine house in the city of Utica. In September, 1891, the superintendent of repairs of the defendant directed the foreman of the defendant’s carpenter shop to construct “some horses that would be sufficient for men to work on and slate the roof,” which direction was not accompanied by any specific instruction as to what material was to be used, nor the number of men that were to work upon the scaffold. The…
2Cases cited2 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Kuhn v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1894
3Cited by6 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Jenks v. . ThompsonNew York Court of Appeals · 1904
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- In re TaylorAppellate Division of the Supreme Court of the State of New York · 1911
- Artis v. Buffalo, R. & P. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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