Anderson v. McMullen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur McMullen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of April, 1910, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the’31st day of March, 1910, denying the said defendant’s motion for a new trial made upon the minutes.
1DissentBurr, J.
(dissenting);
I dissent upon the ground that the court was not justified in submitting to the jury the specific question whether the work in question was so complicated as to require the promulgation and enforcement of rules for the plaintiff’s safety. The only rule suggested in that connection is that plaintiff’s fellow-workmen should not dump concrete into the excavation where he was employed without giving him warning of their intention so to do. “ Bules are important where the conduct of the business is complicated or dangerous, Jor their utility has been proven, or where it is obvious…
2Cases cited2 opinions
- Heiser v. Cincinnati Abattoir Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Knickerbocker v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1909