McCabe v. Turner & Blanchard, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Turner & Blanchard, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 14th day of January, 1921, upon the verdict of a jury for $10,000, and also from an order, entered in said clerk’s office on the same day, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1DissentKelly, J.
I am forced to dissent. While I am disposed to agree with Mr. Justice Mills’criticism on the general natúre of the charge in omitting to direct the attention of the jury to the particular defect claimed and whether its existence would be ascertained by reasonable inspection, still the defendant did not ask for specific instructions. I do not agree that as matter of law there was no duty on the master to examine the support for the planks. I think that in regard to the sufficiency and safety of the hatch cover of loose boards which was the floor upon which the men were put to work, a much…
2Cases cited2 opinions
- Liverani v. John T. Clark & SonNew York Court of Appeals · 1921
- Liverani v. John T. Clark & SonAppellate Division of the Supreme Court of the State of New York · 1920