Legal Opinion

Essex County Electric Co. v. Kelly

Supreme Court of New Jersey

Decided June 15, 1894PublishedCited by 11 opinions

Kelly, the defendant in error, was a.“lineman” in the ■employ of the Essex County Electric Company, the plaintiff in error. This action was brought by Kelly, in the Circuit, to recover damages from the company for an injury received by him from the breaking of a pole upon which he was working by direction of an officer of the company.

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Kelly, the defendant in error, was a.“lineman” in the ■employ of the Essex County Electric Company, the plaintiff in error. This action was brought by Kelly, in the Circuit, to recover damages from the company for an injury received by him from the breaking of a pole upon which he was working by direction of an officer of the company. Judgment having been rendered in his favor, the company brought this writ of error and assigned various errors upon exceptions taken at the trial.

1Opinion of the Court

The opinion of the court was delivered by

Magie, J.

After the evidence produced by Kelly had 'been put in, counsel for the company moved for a nonsuit on the ground that it did not establish any liability on the part •of the company for the injury Kelly had received. The motion was denied and an exception taken.

After the evidence produced by both parties had been put in, counsel for the company requested the trial court to direct ■the jury that the liability of the company for the injury to Kelly had not been made out. The request was refused and ■an exception taken.

Two of the assignments of…

2Cases cited4 opinions

  1. Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
  2. Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
  3. Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
  4. Duffy v. UptonMassachusetts Supreme Judicial Court · 1873

3Cited by11 opinions

  1. Chicago, R. I. & P. Ry. Co. v. NagleSupreme Court of Oklahoma · 1916
  2. City of Sebring v. AvantSupreme Court of Florida · 1928
  3. Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
  4. Johnson v. Devoe Snuff Co.Supreme Court of New Jersey · 1898
  5. Saunders v. Eastern Hydraulic Pressed Brick Co.Supreme Court of New Jersey · 1899

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