Burns v. Old Sterling Iron & Mining Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent. (Morris v. Brown, 111 N. Y. 318; Sellick v. Langdon & Co., 55 Hun, 19 ; Gleary v. Blake, 14 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent. (Morris v. Brown, 111 N. Y. 318; Sellick v. Langdon & Co., 55 Hun, 19 ; Gleary v. Blake, 14 App. Div. 602; Del Sejnore v. Hallman, 153 N. Y. 274; Barrett v. L. O. B. Imp. Co., 68 App. Div. 602; Quinn v. Baird, 49 App. Div. 270 ; Daley v.…
1Opinion of the CourtWerner, J.
The defendant is a domestic corporation engaged in mining iron ore in two mines known as the “ Old Sterling ” and the “ Dickson,” both of which are located on the R., W. & 0. branch of the Rew York Central railroad, about two miles from the village of Antwerp in the county of Jefferson, The plaintiff commenced work for the defendant at the Dickson mine in December, 1901, and continued until the time of the accident, which occurred on the 9th day of April, 1902. The general charge of negligence against the defendant set forth in the complaint is, that the defendant failed in its duty to…
2Cases cited1 opinion
- Hickey v. . TaaffeNew York Court of Appeals · 1887
3Cited by3 opinions
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- Wyman v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1908
- Gaines v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913