Hunt v. Dexter Sulphite Pulp & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dexter Sulphite Pulp and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson. on the 16th day of May, 1904, upon the verdict of a jury for $8,500, as amended by an order entered in said clerk’s office on the 6th day of June, 1904, and also from an order entered in said clerk’s office on the 13th day of May, 1904, denying the defendant’s motion for a new trial…
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Appeal by the defendant, the Dexter Sulphite Pulp and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson. on the 16th day of May, 1904, upon the verdict of a jury for $8,500, as amended by an order entered in said clerk’s office on the 6th day of June, 1904, and also from an order entered in said clerk’s office on the 13th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was to recover damages for the death of plaintiffs Intestate, alleged to have been caused by the negligence of the defendant. The death resulted from the explosion of a digester in the defendant’s mill in the early morning of Sunday, January 18, 1903. The questions raised by this appeal relate to the defendant’s alleged negligence, the contributory negligence of deceased, his assumption of the risk of the accident, the amount of the verdict, and the exceptions to evidence and to the charge of the court. The only…
2Cases cited1 opinion
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
3Cited by4 opinions
- Cummings v. State Ex Rel. WallowerSupreme Court of Oklahoma · 1915
- A. T. Willett Co. v. Industrial CommissionIllinois Supreme Court · 1919
- Rodzborski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Maxwell v. G. H. Peters Co.Appellate Division of the Supreme Court of the State of New York · 1915