Dobbins v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying-a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. There was no negligence shown on the part of the defendants.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying-a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. There was no negligence shown on the part of the defendants. (Stringham v. Hilton, 111 N. Y. 188; Burke v. Witherbee, 98 id. 562; March v. Chickering, 101 id. 401; Probst v. Delamater, 100 id. 272; Hickey v. Taaffe, 105 id. 26; Devlin v. Smith, 89 id.…
1Opinion of the Court
Euger, Ch. J.
We are of the opinion that the evidence of negligence, on the part of the defendants, in the case was insufficient to support a verdict against them. The action was brought for the purpose of recovering damages for the death of plaintiff’s intestate, who was a servant in the employ of the defendants, and was alleged to have been injured by a fall from a bucket being lowered in a shaft, some four hundred feet deep, for the purpose of conveying workmen to a tunnel, the place of their labor. Such an action is supportable only upon the theory of personal negligence on the part of the…
2Cases cited2 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
3Cited by57 opinions
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Clowes v. The Frank & WillieDistrict Court, S.D. New York · 1891
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Breen v. St. Louis Cooperage Co.Missouri Court of Appeals · 1892
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