Owen v. Retsof Mining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Retsof Mining Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 11th day of July, 1904, upon the verdict of a jury for $6,000 as reduced by stipulation, and also from an order entered in said clerk’s office on the 11th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for…
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Appeal by the defendant, the Retsof Mining Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 11th day of July, 1904, upon the verdict of a jury for $6,000 as reduced by stipulation, and also from an order entered in said clerk’s office on the 11th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal that portion of an intermediate order entered in said clerk’s office on the 16tli day of June, 1904,…
1Opinion of the Court
Hiscock, J. :
Plaintiff’s intestate was in the employ of the defendant working in its mines. January 30, 1903, while he was being lowered into one of them, .the cable by which was suspended, the bucket in which he was riding broke and he was precipitated to his death at the bottom of the shaft.
Plaintiff’s action to recover damages from defendant for its alleged negligence in connection with her husband’s death rests for its substantial basis upon the claim that the defendant had carelessly allowed the cable to become old, rusty and weakened, and that this defective condition was the cause of…
2Cases cited3 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Babcock v. Fitchburg RailroadNew York Court of Appeals · 1893
3Cited by2 opinions
- Henson v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Owen v. Retsof Mining Co.Appellate Division of the Supreme Court of the State of New York · 1907