Brown v. Terry
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matthew L. Brown, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 24th day of February, 1900, upon the dismissal of the complaint by direction of the court, and also from an order entered in said clerk’s office on the 19th day of February, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Sewell, J.:
The relation of master and servant existed between the plaintiff and the defendants at the time the former received the injuries for which this action was brought.
The learned trial judge dismissed the complaint at the close of the plaintiff’s case, and the question is whether the evidence given tended to show that the accident was the result of some omission of duty oil the part of the defendants.
The defendants were engaged in the business of altering and repairing steamers and other vessels lying in the port of New York. *225The defendants sent O’Rourke, their foreman, to the steamer…
2Cases cited7 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Hussey v. . CogerNew York Court of Appeals · 1889
- Perry v. . RogersNew York Court of Appeals · 1898
- Kimmer v. . WeberNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Williams v. Citizens' Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1907