Hackett v. Masterson
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiff, Peter B. Hackett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Nassau on the 5th day of August,. 1902, upon the dimissal of the complaint "by direction, of the court after a trial at the Nassau Trial Term, the verdict of a jury theretofore rendered in favor of the plaintiff having been set aside, and also from an order entered in said clerk’s office nunc pro tunc as of the 19th…
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Appeal "by the plaintiff, Peter B. Hackett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Nassau on the 5th day of August,. 1902, upon the dimissal of the complaint "by direction, of the court after a trial at the Nassau Trial Term, the verdict of a jury theretofore rendered in favor of the plaintiff having been set aside, and also from an order entered in said clerk’s office nunc pro tunc as of the 19th day of February, 1902, granting the defendant’s motion to-set aside the verdict and for a new trial.
1Opinion of the Court
Jenks, J.:
This is an action for negligence by servant against master: The servant was' at work laying a" pipe line. A pipe was raised by a derrick, and a rope sling was attached by a hook to a railroad rail, which had been put through the pipe to be laid extending into the *74"pipe then in place. After the pipe was raised, something gave way, and the plaintiff was struck and injured by the end of the rail over which he was standing in the inside of the pipe then in position. The plaintiff complains that the hook was improper, and, therefore, slipped and gave way, and that such hoisting…
2Cases cited5 opinions
- Hussey v. . CogerNew York Court of Appeals · 1889
- Mahoney v. Vacuum Oil Co.New York Supreme Court · 1894
- Peggo v. DinanAppellate Division of the Supreme Court of the State of New York · 1902
- O'Connall v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Flet v. Hunter Arms Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925