Legal Opinion

Giordano v. Brandywine Granite Co.

New York Court of General Session of the Peace

Decided December 13, 1901No. Action on the Case No. 96PublishedCited by 4 opinions

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

  1. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
  2. Moering v. Falk Co.Wisconsin Supreme Court · 1910
  3. State v. StillNew York Court of General Session of the Peace · 1926
  4. Warren v. Harlan & Hollingsworth Corp.Superior Court of Delaware · 1912

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