Laning v. New York Central Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying a motion for new trial and refusing to set aside verdict in favor of plaintiff. This action was brought to recover for injuries received by plaintiff while in defendant’s employ, through the alleged negligence of the latter. Plaintiff was a carpenter in the employ of defendant. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term denying a motion for new trial and refusing to set aside verdict in favor of plaintiff. This action was brought to recover for injuries received by plaintiff while in defendant’s employ, through the alleged negligence of the latter. Plaintiff was a carpenter in the employ of defendant. The facts appear sufficiently in the opinion. A master is not liable to one servant for injuries occasioned by the negligence of another. (Farwell v. The Boston and Worcester R. R.…
1Opinion of the CourtFolger, J.
Viewing the case as the jury would have been warranted in doing, it comes in the main" to this.
The plaintiff with others, he and they being fellow-servants of the defendant, were engaged in the course of their ordinary service, in' the performance of a work for the defendant, to do which it was necessary that there should be put up a scaffold for them to stand upon.
One Westman, the foreman of these men, directed one Ohurchill and another to put up the scaffold. There is some dispute in the testimony as to who the other was; but the jury might properly have found that one Foreman was the…
2Cases cited9 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Noyes v. SmithSupreme Court of Vermont · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Rose v. . Boston Albany R.R. Co.New York Court of Appeals · 1874
- Besel v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
35 more not listed; retrieve them via the Exa API.