Wolfinger v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of January, 1907, upon the verdict of a jury for $5,000, also from an order entered in said clerk’s office on the 2d day of January, 1907, denying the defendant’s motion for a new-trial-made upon the minutes, and also from an order entered on the 5th ..day of January, 1907,…
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Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of January, 1907, upon the verdict of a jury for $5,000, also from an order entered in said clerk’s office on the 2d day of January, 1907, denying the defendant’s motion for a new-trial-made upon the minutes, and also from an order entered on the 5th ..day of January, 1907, granting plaintiff an extra allowance.
1Opinion of the Court
Jenks, J.:
' This action is for the negligence of a master towards its servant. The court limited the question of liability to the ■ absence of rules. I think that the judgment for the plaintiff cannot stand.. The plaintiff’s intestate was a blacksmith of long service in the defend; &jyt’s repair shop. Power was furnished to -the emery wheel, grind*141stone, drill press and forge by a shaft placed near the .ceiling about fourteen feet above the floor and worked "by electricity. The intestate used this power more than his fellows. Repairs were being made to a crane used in the shop, and for this…
2Cited by1 opinion
- Braun v. New York Central & Hudson River RailroadNew York Supreme Court · 1909