Foster v. . International Paper Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 12, 1904, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought to recoyer damages for personal injuries which the plaintiff claims to have sustained by reason of the defendant’s alleged negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 12, 1904, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought to recoyer damages for personal injuries which the plaintiff claims to have sustained by reason of the defendant’s alleged negligence. The defendant owns and operates a large plant at ^Niagara Falls, M". Y., for the manufacture of paper, and the plaintiff was there employed as a common laborer. The…
1Opinion of the CourtWerner, J.
The only questions that survive the unanimous affirmance by the Appellate Division of the judgment entered upon the verdict recovered by the plaintiff are those that arise upon exceptions to the charge and to rulings upon evidence. Many such exceptions appear in the record, but we shall consider only two exceptions to refusals to charge, and these we regard as fatal to the judgment.
The gravamen of the charge of negligence set forth in the complaint is that the defendant, as master, failed to provide for the plaintiff, as servant, a safe and proper place in which to work, and that by reason of…
2Cases cited5 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Slater v. . JewettNew York Court of Appeals · 1881
- Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Cooper v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Famborille v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Pelow v. . Oswego Construction Co.New York Court of Appeals · 1916
- Kujava v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907
- Guilmartin v. Solvay Process Co.Appellate Division of the Supreme Court of the State of New York · 1906
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