Huebner v. Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie Huebner, as administratrix, etc., of Otto Huebner, deceased, from a judgment of the Supreme Oourt in favor of the defendants, entered in the office of the clerk of the county of New York on the 29th day of January, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiff, Marie Huebner, as administratrix, etc., of Otto Huebner, deceased, from a judgment of the Supreme Oourt in favor of the defendants, entered in the office of the clerk of the county of New York on the 29th day of January, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. This is a statutory action, based upon the statute of New Jersey, (Laws of N. J. of 1848, p. 151, as amd. by Laws of 1897, chap. 58) which is similar to that in this State, to recover for the death of Otto Huebner, alleged to have been caused…
1Opinion of the Court
Laughlin, J.:
It could not be said as matter of law that the decedent was guilty of contributory negligence. That was a question for the jury, and it should have been submitted to the jury if there was evidence tending to show negligence on the part of either of the defendants.
The first question to be considered is whether the decedent’s employer owed him any duty the failure to perform which caused or contributed to his death. The appellant contends that the respondent company is liable under the rule requiring the master to exercise reasonable care in providing for his servants a safe place…
2Cases cited15 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Murray v. . DwightNew York Court of Appeals · 1900
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