Legal Opinion · Dissent

Dorney v. O'Neill

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

Decided April 4, 1901Published

Appeal from trial term, New York county. Action by Henry B. Dorney against Hugh O’Neill to recover impersonal injuries received while in the employ of defendant. From a judgment in favor of the plaintiff, and from an order denying motion for a new trial, defendant appeals.

1Dissent

VAN BRUNT, P. J. (dissenting).

The defendant in this case was not personally negligent, the evidence showing that he had furnished a proper system of lighting, and established rules, which, if followed, would have kept the passageways sufficiently lighted to have-enabled his employés to go out safely. There is no evidence that the defendant knew that it was the custom of certain of his employés to turn out these lights before the others had gone safely through the hallway and out of the building, and I fail to find any good ground for-holding him liable. The negligence based upon the…

2Cases cited2 opinions

  1. Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1900

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