Legal Opinion

Kearney v. Hanlien

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1912PublishedCited by 1 opinion

Appeal by the defendant, Henry L. Hanlien, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 20th day of July, 1911, upon the verdict of a jury for §1,500, and also from an order entered in said clerk’s office on the 18th day of July, 1911, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The action is brought to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant on the 19th day of July, 1909, in a stoneyard on premises known as 400-417 One Hundred and First street. The liability is predicated wholly upon the common law. It is charged that the defendant failed to furnish the plaintiff a safe place in which to perform his duties and a sufficient number of fellow-servants, and operated a derrick negligently constructed, and failed to promulgate and enforce necessary rules for the safety of the plaintiff. The answer…

2Cases cited1 opinion

  1. Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885

3Cited by1 opinion

  1. Brougham v. StateNew York Court of Claims · 1918

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