Mickee v. Walter A. Wood Mowing & Reaping Machine Co.
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by Agnes Mickee, as administratrix, against the Walter A. Wood Mowing & Reaping Machine Company to recover damages for the death of plaintiff’s intestate. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the judge’s minutes, defendant appeals. Reversed.
1Opinion of the CourtHerrick, J.
At the time of the accident which gave rise to this action, the defendant was engaged in laying some railway tracks upon its premises. Alongside of these tracks, and about four feet distant therefrom, at the point where the accident happened, there was a building in process of erection for the defendant, aqd upon its premises. 'On the third floor of the building, on a beam or plate upon which the third floor lay, were a number of upright posts of spruce timber, about 10 inches square and about 10 feet long, and about 15 feet distant from each other, which were to support, as I understand it,…
Also in this document: Concurrence.
2Cases cited7 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Butler v. . TownsendNew York Court of Appeals · 1891
- Crown v. . OrrNew York Court of Appeals · 1893
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Moy v. Ocean Steamship Co.The Superior Court of the City of New York and Buffalo · 1895