Legal Opinion

Davidson v. . Cornell

New York Court of Appeals

Decided March 22, 1892PublishedCited by 91 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 23,1890, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 23,1890, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendants, who were engaged in the construction of a double-track elevated railway on Broadway in the city of Brooklyn. This was done by setting columns upright on either side of the street opposite each other in transverse lines…

1Opinion of the CourtBradley, J.

The immediate cause of the giving way of the girders and the fall of the structure was the subject of some contention upon the evidence.

The plaintiff’s counsel contends that it was the result of the negligent failure of the defendants to perforin their duty to their employes, in that they did not use the care imposed upon them to provide a reasonably safe structure for the men to work upon, or proper means for its support or movement for the purposes of the service required. If that proposition, in its application to the cause of the calamity in question, had the support of evidence, the…

2Cases cited12 opinions

  1. Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
  2. Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
  3. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  4. Ryan v. . FowlerNew York Court of Appeals · 1862
  5. Kent v. Town of LincolnSupreme Court of Vermont · 1860

7 more not listed; retrieve them via the Exa API.

3Cited by91 opinions

  1. Shepard v. United StatesSupreme Court of the United States · 1933
  2. Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
  3. Bonnet v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1895
  4. Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
  5. Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989

86 more not listed; retrieve them via the Exa API.

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