Hordern v. . Salvation Army
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. A prima faeie case to go to the jury was made out, and the exception to the nonsuit was well taken.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. A prima faeie case to go to the jury was made out, and the exception to the nonsuit was well taken. (Homer v. Everett, 91 N. Y. 641; McDonald v. M. S. R. Co., 167 N. Y. 166.) The fact that the defendant is a religious or charitable corporation does not…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover for personal injuries received by the plaintiff, a journeyman mechanic, who was engaged in making repairs on a boiler on defendant’s premises. The accident occurred through the defective condition of a runway or staging leading from a door in the boiler room. It is unnecessary to narrate the details of the occurrence. The learned” court below was of the opinion that the runway was not of such a character as to warrant an inference of negligence on the part of the defendant in maintaining it. It is sufficient to say that while it may be conceded…
2Cases cited18 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Perry ex rel. Perry v. House of RefugeCourt of Appeals of Maryland · 1885
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Silva v. Providence Hospital of OaklandCalifornia Supreme Court · 1939
- Weston's Administratrix v. Hospital of St. VincentSupreme Court of Virginia · 1921
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
53 more not listed; retrieve them via the Exa API.