Giordano v. Brandywine Granite Co.
New York Court of General Session of the Peace
to recover damages for personal injuries, resulting in the loss to the plaintiff of his nose and both eyes. It was conceded that said in- ' juries were inflicted by a premature discharge of a blast in a stone quarry of the defendant located near Wilmington, and that at the time of the accident the plaintiff was engaged in assisting one Caparello, a blaster or powder man of the defendant, in loading or preparing said blast.
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to recover damages for personal injuries, resulting in the loss to the plaintiff of his nose and both eyes. It was conceded that said in- ' juries were inflicted by a premature discharge of a blast in a stone quarry of the defendant located near Wilmington, and that at the time of the accident the plaintiff was engaged in assisting one Caparello, a blaster or powder man of the defendant, in loading or preparing said blast. At the trial the following questions were asked the plaintiff on direct examination: Q. Did you know anything about the business of blasting ? A. No, sir. Q. Had you ever…
1Opinion of the Court
Spruance, J.:
We think that question is admissible.
Q,. Was your attention ever directed to any rules of the company (that is the. Brandywine Granite Company) governing the operation of its quarries ?
(Objected to upon two grounds: first as to form, and second that it is immaterial whether the defendant company had any rules posted up or not; that the count in the narr alleging lack of rules was accepted by defendant’s counsel simply as an averment of lack of notice of a particular peril that led up to the injury; that the question is, did this man get notice of the peril out of which the injury…
2Cited by4 opinions
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Moering v. Falk Co.Wisconsin Supreme Court · 1910
- State v. StillNew York Court of General Session of the Peace · 1926
- Warren v. Harlan & Hollingsworth Corp.Superior Court of Delaware · 1912