Schott v. Onondaga County Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Onondaga County Savings Bank, from a judgment of the County Court of Onondaga county in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 20th day of May, 1899, reversing a judgment of the Municipal Court of the city of Syracuse in favor of the defendant. The defendant was engaged in constructing a sewer from its banking.house in the city of Syracuse to a stream known as the “ Onondaga Greek.”
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Appeal by the defendant, the Onondaga County Savings Bank, from a judgment of the County Court of Onondaga county in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 20th day of May, 1899, reversing a judgment of the Municipal Court of the city of Syracuse in favor of the defendant. The defendant was engaged in constructing a sewer from its banking.house in the city of Syracuse to a stream known as the “ Onondaga Greek.” The work was carried on under the supervision of a competent engineer who was superintendent'of the city water depart-meat, and the…
1Opinion of the Court
Adams, P. J.:
The direct cause of the plaintiff’s injury, the depositing of the contents of a wheelbarrow upon his head and shoulders, was confessedly the act of a coservant, which of itself did not, of course, create any liability upon the part of the common master. It is contended, however, that the injurious consequences of this act would have been averted had not the foreman, Eagan, been unmindful of his promise to protect the plaintiff while in the trench, and that, inasmuch as Eagan had undertaken to perform a duty which devolved upon the *505master, his omission of such duty was negligence,…
2Cases cited6 opinions
- Hussey v. . CogerNew York Court of Appeals · 1889
- Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875
- Floettl v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Vitto v. KeoganAppellate Division of the Supreme Court of the State of New York · 1897
- Byrnes v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kirkover v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1909