Stuber v. . McEntee
New York Court of Appeals
Appeal from judgment of • the General Term of the Superior Court of the city of Yew York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of • the General Term of the Superior Court of the city of Yew York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit, and also affirmed an order denying a motion for a new trial. This action was brought by plaintiffs, as the administrators of William Stuber, deceased, to recover damages for his death, which was alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion. It is submitted that as to whether the…
1Opinion of the CourtO’Brien, J.
The plaintiffs’ intestate, a young man about eighteen years old, was killed May 12, 1890, while working in a hole or trench about thirteen feet deep and four or five feet square, by the caving in of the earth and stone which formed the wall of the excavation. The defendant is a plumber and the deceased was his apprentice. The plaintiffs sought to maintain this action upon the allegation that the death was the result of negligence on the part of the defendant in not properly shoring up or supporting the walls of the excavation where the deceased was at work. The trial resulted in a non-suit.…
2Cases cited4 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Rattoon v. OverackerNew York Supreme Court · 1811
- Baker v. BaileyNew York Supreme Court · 1852
3Cited by51 opinions
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. GipeIndiana Supreme Court · 1903
- In re the Judicial Settlement of the Account of BrennanAppellate Division of the Supreme Court of the State of New York · 1914
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