Legal Opinion

Richards v. Hayes

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 9 opinions

Appeal by the plaintiff, James Joseph Richards, from a judgment of' the. Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on .the 26th day of May, 1896, upon the "dismissal of the complaint directed by "the court after a trial before the court and a jury, and also from an .order entered in said clerk’s office On the 12th day of June, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. . The action…

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Appeal by the plaintiff, James Joseph Richards, from a judgment of' the. Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on .the 26th day of May, 1896, upon the "dismissal of the complaint directed by "the court after a trial before the court and a jury, and also from an .order entered in said clerk’s office On the 12th day of June, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. . The action was brought to recover damages for personal injuries sustained by. the plaintiff, while in the employ of the defendant,…

1Opinion of the Court

Ingraham, J.:

The rules of law applicable to cases of this character have been settled by late adjudications' of the Court of Appeals and of this court, and we have to meet only the difficulty of applying such rules to the particular facts of this case. That the obligation rests upon a master to exercise care in the selection of a safe place in which his enrployees are to do their work, together with proper and safe implements with which to work, is recognized and has been applied in many cases in this State. The duty to furnish proper and safe implements and apj>liances exists wherever from…

2Cases cited4 opinions

  1. Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
  2. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  3. Kimmer v. . WeberNew York Court of Appeals · 1897
  4. Brown v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by9 opinions

  1. Adair v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1920
  2. Rincicotti v. John J. O'Brien Contracting Co.Supreme Court of Connecticut · 1905
  3. Griffin v. ParkerTennessee Supreme Court · 1914
  4. Carnell v. HalpinMichigan Supreme Court · 1909
  5. Swanson v. Schmidt-Gulack Elevator Co.North Dakota Supreme Court · 1912

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