Wilson v. Hudson River Water-Power & Paper Co.
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Lorinda Wilson, administratrix of William Wilson, against the Hudson Biver Water-Power & Paper Company, to recover damages for killing plaintiff’s intestate. From a judgment entered on an order dismissing the complaint, plaintiff appeals.
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Appeal from circuit court, Saratoga county. Action by Lorinda Wilson, administratrix of William Wilson, against the Hudson Biver Water-Power & Paper Company, to recover damages for killing plaintiff’s intestate. From a judgment entered on an order dismissing the complaint, plaintiff appeals. The action was for alleged injury’on the part of the defendant in not furnishing a reasonably safe place and safe machinery in the defendant’s factory, where plaintiff’s intestate was employed as a laborer by the defend-mt. At the time of the injury complained of, the defendant had in process of…
1Opinion of the CourtMayham, P. J.
The plaintiff was nonsuited by the learned judge at the trial, upon the ground that the negligence complained *1073of was not negligence fairly imputable tó the defendant, but was the result of negligence of a coemploye of the intestate-in turning the water on the wheel, and thus setting the machinery in motion, at a time when the intestate was engaged in a position where no harm could have come to him but from the starting of the machinery, and that the intestate was not proven to be free from ■ contributory negligence.
The determination of the first question upon which the learned judge placed…
2Cases cited5 opinions
- Malone v. . HathawayNew York Court of Appeals · 1876
- Webber v. . PiperNew York Court of Appeals · 1888
- Boldt v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Mele v. Delaware & Hudson Canal Co.The Superior Court of the City of New York and Buffalo · 1891
- Mahoney v. New York Cent. & H. R. R.New York Supreme Court · 1892
3Cited by2 opinions
- Fouquet v. New York Central & Hudson River RailroadNew York Supreme Court · 1907
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913