Probst v. . Delamater
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April .4, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April .4, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff alleged to have been caused by defendant’s negligence. Defendant was engaged in constructing a sewer in the city of Buffalo, and used a steel cable in connection with a derrick and steam engine to hoist the earth and rock from the excavation. A box filled with these materials fell in consequence of the…
1Opinion of the Court
Ruger, Ch. J.
We are of the opinion that no exception appears in the case requiring the reversal of the judgment. The question as to the contributory negligence of the plaintiff was one of fact, and was properly submitted to the jury upon conflicting evidence. The charge of negligence against the defendant was predicated upon two specifications, viz.: the first importing that the injury to plaintiff was occasioned by the use of old and defective appliances, in the prosecution of the work in which he was employed, and the other charging the defendant with knowingly employing improper, drunken…
2Cases cited4 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Fuller v. . JewettNew York Court of Appeals · 1880
- Seybolt v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
3Cited by48 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- Runkle v. Southern Pacific Milling Co.California Supreme Court · 1921
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