Yaw v. Whitmore
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, William Yaw, for a new trial upon a ■case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term on the 21st day of March, 1899. The defendants are contractors, and as such were engaged, during the winter of 1896, in taking down and reconstructing a waste weir on the Erie canal at a place called Oartersville, which…
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Motion by the plaintiff, William Yaw, for a new trial upon a ■case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term on the 21st day of March, 1899. The defendants are contractors, and as such were engaged, during the winter of 1896, in taking down and reconstructing a waste weir on the Erie canal at a place called Oartersville, which is about nine miles east- of the city of Rochester. This waste weir was from fifty to sixty feet in width; its bottom…
1Opinion of the Court
Adams, J.:
This case has been twice tried. Upon the first trial the plaintiff recovered a verdict of $6,000, which was set aside by reason of the refusal of the trial court to charge upon the Request of counsel that if the cable in question was reasonably proper for the work and broke because of the manner in which it was used by the men who erected the derrick, the master was not liable. (3T App. Div. 98.)
Upon the second trial the learned trial justice directed a verdict for the defendants at the close of' the evidence, and then ordered the exceptions to be heard by this court in the first…
2Cases cited6 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Webber v. . PiperNew York Court of Appeals · 1888
- Watts v. BeardAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McGlynn v. Pennsylvania Steel Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Moran v. Munson S. S. LineAppellate Division of the Supreme Court of the State of New York · 1903
- Moran v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1903
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.