Eichholz v. Niagara Falls Hydraulic Power & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Niagara Falls Hydraulic Power and Manufacturing Company, from a judgment of the. Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 2lst day of September, 1900, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s -office- on the 21st day of September, .1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Niagara Falls Hydraulic Power and Manufacturing Company, from a judgment of the. Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 2lst day of September, 1900, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s -office- on the 21st day of September, .1900, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced .on the 6th day of January, 1899, by said John Eiehholz, to recover damages alleged to have been sus: tained by him on the…
1Opinion of the Court
McLennan, J.:
Although the record in this case is voluminous the material facts are few, and are not in serious conflict. The defendant was the owner of a system of canals in the city of Niagara Falls, N. Y., constructed for the purpose of developing water power. At the time in question it was engaged in building a conduit from the end of its main canal and at right angles to it, to convey Water into a *443forebay or storage reservoir. An excavation about eighteen feet ■deep and forty feet wide through clay éarth of different varieties had been made, in which to construct the conduit. The…
2Cases cited6 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Bowen v. New York Cent. & H. R. R.New York Supreme Court · 1895
- Del Sejnore v. . HallinanNew York Court of Appeals · 1897
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- Bethlehem Shipbuilding Corp. v. Industrial Accident CommissionCalifornia Supreme Court · 1919
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- Sallie v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Wood v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Great American Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1943
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