Legal Opinion

Kaare v. Troy Steel & Iron Co.

New York Court of Appeals

Decided October 3, 1893PublishedCited by 46 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for personal injuries received by plaintiff while in defendant’s employ. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for personal injuries received by plaintiff while in defendant’s employ. The facts, so far as material, are stated in the opinion. Defendant’s motion for a new trial on the ground that the verdict was against the weight of evidence should have been granted. (Code Civ. Pro. §§ 999, 1347; Voisin v. C. M. Ins. Co., 123 N. Y. 129.) The trial judge…

1Opinion of the CourtEarl, J.

In the night of June 13tli, 1887, the plaintiff was in the employment of the defendant as a laborer, and while engaged in wheeling a load of slabs over an elevated platform into its boiler house on Breaker Island, lie-fell from the platform and was seriously injured, and this action was commenced by him on the 3d day of December, 1889, to recover for his injuries. The account he gives in his evidence of the accident which befell him is as follows : He had been at work for the defendant on the island about two months, and for about two weeks had wheeled coal over the platform into the boiler…

2Cases cited1 opinion

  1. De Forest v. . JewettNew York Court of Appeals · 1882

3Cited by46 opinions

  1. Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
  2. Atchison, Topeka & Santa Fe Railroad v. SwartsSupreme Court of Kansas · 1897
  3. Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
  4. Hendricks v. Maison Blanche Co.Louisiana Court of Appeal · 1927
  5. Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1900

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