Murray v. . Dwight
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1897, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Terra, and granting a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the negligence of defendant. The facts, so far as material, as stated in the opinions.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1897, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint at a Trial Terra, and granting a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the negligence of defendant. The facts, so far as material, as stated in the opinions. The relation of master and servant existed between the defendant and plaintiff at the time and in respect to the very transaction out of which the injury arose.…
1Opinion of the CourtO’Brien, J.
The plaintiff, a young man about twenty years of age, received a personal injury from the falling of a pulley block at the defendant’s warehouse on the 24th day of March, 1894. The evidence tended to show that the block fell by reason of the negligence of the defendant’s general employees, or some of them, and the question presented at the trial was whether the plaintiff was a co-servant with them within the rule that relieves employers from liability in cases of accidents of this character. The trial court held that the plaintiff was a co-servant of the person whose negligence caused the…
2Cases cited4 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- McInerney v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1897
3Cited by45 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
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