Connolly v. Maurer
New York Court of Common Pleas
Appeal from trial term. Action by James Connolly against Henry Maurer and another to recover for personal injuries sustained through defendants’ alleged negligence. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.
1Opinion of the CourtPryor, J.
In one aspect of the charge, the learned trial judge appeared to put the case to the jury on the theory of an employer’s obligation to furnish a safe place for his workmen. But this principle of a master’s liability for an injury to his servant is inapplicable, upon the evidence. The defendants, as contractors, were *19engaged in the erection of a building, and they employed the plaintiff in the process of construction. Of such work, under such conditions, insecurity in the performance is a necessary incident, and of that insecurity the employe assumes the hazard. “The deceased was employed to…
2Cases cited7 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- Brick v. Rochester, New York & Pennsylvania RailroadNew York Court of Appeals · 1885
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3Cited by5 opinions
- Conway v. New York Cent. & H. R. RailroadNew York Court of Common Pleas · 1895
- Hutchinson v. Charles F. Parker & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Bagley v. Consolidated Gas Co.New York Court of Common Pleas · 1895
- Baxter's Adm'x v. Charles F. Parker & Co.New York Supreme Court · 1898
- Murray v. CrimminsCity of New York Municipal Court · 1895