Simone v. Kirk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William B. Kirk 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 Onondaga on the 24th day of March, 1900, upon the verdict of a jury for $3,000, and also from. an order entered in said clerk’s office on the 26th day of March,. 1900, denying the defendants’ motion for a new trial made upon the minutes. • The action was commenced on the 27th day of January, 1900, to-recover…
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Appeal by the defendants, William B. Kirk 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 Onondaga on the 24th day of March, 1900, upon the verdict of a jury for $3,000, and also from. an order entered in said clerk’s office on the 26th day of March,. 1900, denying the defendants’ motion for a new trial made upon the minutes. • The action was commenced on the 27th day of January, 1900, to-recover damages for the death of the plaintiff’s intestate, which occurred on the morning of June 9, 1899, alleged to have been…
1Opinion of the Court
McLennan, J.:
The only.respect in which it is claimed the defendants were negligent is that they failed to- furnish a safe place for the "plaintiff’s intestate to perform the duties assigned to him by their foreman- and that was the only question relating to the defendants’ negligence which was submitted to the jury. The learned trial court charged that there was no evidence that the foreman was.incompetent, and that the defendants were not liable for his negligence, even if he was negligent in directing the deceased to work under the overhanging mass of material. As we have seen, the place,…
2Cases cited3 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Capasso v. . WoolfolkNew York Court of Appeals · 1900
- Hutchinson v. Charles F. Parker & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Gagnon v. Klauder-Weldon Dyeing Mach. Co.U.S. Circuit Court for the District of Northern New York · 1909
- Litchfield v. Buffalo, Rochester & Pittsburgh Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902