Pantzar v. . Tilly Foster Iron Mining Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department entered upon an order made January 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff took service subject to all risks incident to the position.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department entered upon an order made January 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff took service subject to all risks incident to the position. If the defendant did nothing after the employment to aggravate the danger there is no liability. (Gibson v. Erie Ry. Co., 63 N. Y. 452; De Forest v. Jewett, 88 id. 268; Laning v. N. Y. C. R. R. Co., 49…
1Opinion of the Court
Ruger, Ch. J.
The general principles upon which this action depends have been so frequently discussed in-recent cases that any thing more than a brief summary would be unprofitable. Thus it has been held that a master owes the duty to his servant of furnishing adequate and suitable. tools and implements for his use, a safe and proper place in which to prosecute his work, and, when they are needed, the employment of skillful and competent workmen to direct his labor and assist in the performance of his duties. (Bartonshill Coal Co. v. Reid, 3 Macq. 275; Laning v. N. Y. C. R. R. Co., 49 N. Y.…
2Cases cited4 opinions
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
- Mann v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Leonard v. . CollinsNew York Court of Appeals · 1877
3Cited by128 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Cullen v. . NortonNew York Court of Appeals · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
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