Bria v. Westinghouse, Church, Kerr & Co.
Appellate Division of the Supreme Court of the State of New York
■. Appeal by the defendant, Westinghouse, Church, Kerr & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Westchester on the 12th day of May, 1908, upon'the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 14th day of May, 1908, denying the defendant’s motion to set aside, thewerdict and to dismiss the complaint upon the merits. . The defendant was engaged in…
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■. Appeal by the defendant, Westinghouse, Church, Kerr & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Westchester on the 12th day of May, 1908, upon'the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 14th day of May, 1908, denying the defendant’s motion to set aside, thewerdict and to dismiss the complaint upon the merits. . The defendant was engaged in blasting rock in a deep excavation, then hoisting the fragments by a derrick to a pile on the-ground above, from whence…
1Opinion of the Court
Gaynor, J.:
The only question submitted to the jury was whether the defendant had used due care to furnish the plaintiff a reasonably safe place to work. The learned trial Judge charged the jury, in substance, that if the plaintiff knew and understood the risk of danger of stones rolling or sliding down the pile he could take such risk, and it was for the jury to say whether he had done so by going at the work and continuing at it, and that if lie had he could nof recover; also that he assumed all risk of danger incident to his work, “ assuming that, the master exercised reasonable care in…
2Cases cited1 opinion
- Mansell v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Marks v. StoltsAppellate Division of the Supreme Court of the State of New York · 1914
- Dolan v. Hudson & M. R. Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Dolan v. Hudson & Manhattan RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913