McCone v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander 0. McCone, from a judgment of the Court of Common Pleas in and for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 7th day of November, 1895, upon the dis^ missal of his complaint directed by the court after a trial before the court and a jury at a Trial Term of said court, and also from an order entered in said clerk’s office on the 26th day of November, 1895, denying the…
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Appeal by the plaintiff, Alexander 0. McCone, from a judgment of the Court of Common Pleas in and for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 7th day of November, 1895, upon the dis^ missal of his complaint directed by the court after a trial before the court and a jury at a Trial Term of said court, and also from an order entered in said clerk’s office on the 26th day of November, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
O’Brien, J. (dissenting):
^We agree upon the law, settled by repeated adjudications, that tine master is hound to furnish safe .’appliances for his servants to /work with and a safe place to work; and, where he delegates such. / duty to his foreman or others, he is liable to a servant injured by the neglect of the foreman or those whom he selects. While the law is thus settled, there is always difficulty in its application to the facts of each particular case. Upon appeal, where the complaint has been dismissed, the plaintiff is entitled to the most favorable inferences to be drawn from the…
2Cases cited1 opinion
- Bryer v. FoersterAppellate Division of the Supreme Court of the State of New York · 1896