Ehrenfried v. Lackawanna Iron & Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Ehrenfried, as administrator, etc., of Charles A. Ehrenfried, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 16th day of February, 1903, upon the dismissal of the complaint "by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office, on the 16th day of February, 1903, denying the plaintiff’s…
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Appeal by the plaintiff, Frank Ehrenfried, as administrator, etc., of Charles A. Ehrenfried, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 16th day of February, 1903, upon the dismissal of the complaint "by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office, on the 16th day of February, 1903, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 20th day of May, 1902, to recover damages…
1Opinion of the Court
McLennan, P. J.:
The facts are hardly in dispute, but in so far as they are a non-suit having been granted, the plaintiff is entitled to the inferences most favorable to her which may be legitimately drawn therefrom. ( Veazey v. Allen, 173 N. Y. 359, 367.)
The defendant, in connection with its business of manufacturing steel, was engaged in operating a foundry in which- was constructed a cupola or furnace for the purpose of melting iron. The cupola was a circular structure, lined with fire brick, forty-eight inches in diameter, and extended from within a few feet of the foundry floor up through…
2Cases cited2 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Veazey v. . AllenNew York Court of Appeals · 1903
3Cited by1 opinion
- Austin v. Fisher Tanning Co.Appellate Division of the Supreme Court of the State of New York · 1904