Huebner v. Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Marie Huebner, as administratrix of the estate of Otto Huebner, deceased, against George L. Hammond and another. From a judgment for defendants, plaintiff appeals. Affirmed. This is a statutory action, based upon the statute of New Jersey, which is similar to that in this state, to recover for the death of Otto Huebner, alleged to have been caused by the negligence of the defendants.
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Appeal from trial term, New York county. Action by Marie Huebner, as administratrix of the estate of Otto Huebner, deceased, against George L. Hammond and another. From a judgment for defendants, plaintiff appeals. Affirmed. This is a statutory action, based upon the statute of New Jersey, which is similar to that in this state, to recover for the death of Otto Huebner, alleged to have been caused by the negligence of the defendants. The decedent was in the employ of the respondent company as a. longshoreman, and had worked in that capacity for several years. On the morning of the 8th of May,…
1Opinion of the CourtLaughlin, J.
It could not be said as matter of law that the decedent wias guilty of contributory negligence. That was a question for the jury, and should have been submitted to the jury if there was evidence tending to show negligence on the part of either of the defendants.
*297The first question to be considered is whether the decedent’s employer owed him any duty the failure to perform which caused or contributed to his death. The appellant contends that the respondent company is ■ liable under the rule requiring the master to exercise reasonable care in providing for his servants a safe place in which to…
2Cases cited20 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Murray v. . DwightNew York Court of Appeals · 1900
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