Koehler v. . New York Steam Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1904, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiffs intestate, alleged to have been caused by the negligence of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 1904, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiffs intestate, alleged to have been caused by the negligence of the defendant. The accident which caused the death occurred on the afternoon of Sunday, September 23rd, 1900. At that time the intestate was a laborer in the employ of the defendant, a corporation engaged in…
1Opinion of the CourtWerner, J.
The learned Appellate Division in its opinion delivered upon the second appeal in this action (84 App. Div. 221), held that the evidence would have warranted a jury in finding that' the elbow in question was defective and that a careful inspection would have disclosed the defect. But that learned court also held that the uncontradicted evidence of the defendant’s employees proved that a proper inspection had been .made. Upon that view of the evidence the court seems to have decided as matter of law that the defendant had fully ¡performed its duty when it had provided the means and men for a…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Koehler v. New York Steam Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by13 opinions
- Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Leonard v. Prince Line, Ltd.Court of Appeals for the Second Circuit · 1946
- MacDonald v. . CrisseyNew York Court of Appeals · 1915
- Mautsewich v. United States Gypsum Co.New York Court of Appeals · 1916
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1908
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