Carr v. Sheehan
New York Supreme Court
Appeal from Monroe county court Action originally brought by Joseph Carr against Michael . Sheehan and another to recover damages for personal injuries. Plaintiff died after a verdict was rendered in his favor, and Mary Carr, his administratrix, wTas substituted in his stead. From a judgment entered on the verdict, and from an order denying a motion for new trial, defendants appeal. Reversed.
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury sustained by the plaintiff’s intestate. The suit was originally brought by him, but he died after the rendition of the verdict. It appears that the defendants were the owners of a sand bank near the village of Brighton, N. Y., and were engaged in selling sand therefrom by the load. On the 3d day of August, 1892, Carr went to the defendants’ sand bank, and got a load of sand. On the same day he returned for a second load, and while engaged in shoveling the sand into his wagon the bank caved in, covering his legs with sand, up to…
2Cases cited1 opinion
- Marsh v. . ChickeringNew York Court of Appeals · 1886
3Cited by2 opinions
- Baker v. SuttonAppellate Division of the Supreme Court of the State of New York · 1896
- Baker v. SuttonAppellate Division of the Supreme Court of the State of New York · 1896