Morris v. . Brown
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of. plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought by plaintiff as administratrix of the estate of Robert E. Morris, to recover damages for alleged negligence, causing the death of her intestate.
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Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of. plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought by plaintiff as administratrix of the estate of Robert E. Morris, to recover damages for alleged negligence, causing the death of her intestate. The material facts are stated in the opinion. The plaintiff’s intestate assumed the risk of riding on these cars, as they were not constructed for or…
1Opinion of the CourtDanforth, J.
The defendants, under a contract with the aqueduct commissioners of the city of New York, were engaged at Croton Dam in the construction of a tunnel by excavation. The decedent was a civil engineer in the employ of the commissioners, and it was his duty to inspect for them the work of the defendants, “ to see that it was done in compliance with their contract,” and the defendants bound themselves to furnish “ all facilities for the purpose of inspection.” The shaft had been opened about three hundred and fifty feet on a descending grade, and the defendants had a track laid therein, over…
2Cases cited4 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Sutton v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by32 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Sievers v. Peters Box & Lumber Co.Indiana Supreme Court · 1898
- Foster-Herbert Cut Stone Co. v. PughTennessee Supreme Court · 1905
- Christie v. MitchellWest Virginia Supreme Court · 1923
- Scory v. LaFaveWisconsin Supreme Court · 1934
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