Mahoney v. Vacuum Oil Co.
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Stephen Mahoney against the Vacuum Oil Company. From an order denying a motion made on the minutes for a new trial, plaintiff appeals. Affirmed.
Read the full summary
Appeal from circuit court, Monroe county. Action by Stephen Mahoney against the Vacuum Oil Company. From an order denying a motion made on the minutes for a new trial, plaintiff appeals. Affirmed. The plaintiff, by his action, sought to recover damages for personal injuries suffered by him, while in the service of the defendant, under the following circumstances: He, with others in the employ of the defendant, was engaged in putting a tank weighing about six tons into a hole about six feet in diameter, cut through the floor of the second story of the building, and onto a supporting iron…
1Opinion of the CourtBradley, J.
The general principles applicable to the relation of employer and employé, in respect to the duties to be observed by the former for the safety of the latter while serving in such relation, are well-settled; and they may be embraced in the general proposition that the master assumes to his servant the duty of using due care to provide him with suitable implements for his use, and a safe place in which to perform his work, and that the master is not responsible to him for the consequences of the negligence of a coemployé unless he, with a knowledge of his unfitness, employs or continues him in…
2Cases cited16 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Butler v. . TownsendNew York Court of Appeals · 1891
- Cullen v. . NortonNew York Court of Appeals · 1891
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Stourbridge v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. Empire Transp. Co.New York Supreme Court · 1895
- White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1897
- Flet v. Hunter Arms Co.Appellate Division of the Supreme Court of the State of New York · 1902
5 more not listed; retrieve them via the Exa API.