Legal Opinion

Carlson v. Phoenix Bridge Co.

New York Court of Appeals

Decided March 25, 1892PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Upon an appeal from a judgment dismissing the complaint, the evidence is to ibe construed most favorably to the plaintiff.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Upon an appeal from a judgment dismissing the complaint, the evidence is to ibe construed most favorably to the plaintiff. (Harris v. Perry, 89 N. Y. 308; Clemence v. City of Auburn, 66 id. 338.) The defendant was guilty of negligence in failing to use proper care to…

1Opinion of the CourtBrown, J.

The plaintiff was an employe of the defendant, engaged in the construction of an elevated railway in Fulton street, in the city of Brooklyn, and while in the performance of his duties was injured by the fall of a heavy iron girder and brought this action to recover damages sustained from such injury.

For the purpose of lifting the heavy ghders from the street to the elevated position they were to occupy in the structure the defendant used a movable derrick operated by steam power. The hoisting apparatus included a chain and hook.

The plaintiff described the customary method of raising the…

2Cases cited1 opinion

  1. Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886

3Cited by34 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
  3. Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914
  4. Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897
  5. Westinghouse Electric & Mfg. Co. v. HeimlichCourt of Appeals for the Sixth Circuit · 1904

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