Dougherty v. . Milliken
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1898, modifying, and affirming as modified, a judgment in favor of plaintiff, and affirming 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1898, modifying, and affirming as modified, a judgment in favor of plaintiff, and affirming 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 defendants furnished to their workmen a safe place in which to work, and also furnished to them properly constructed derricks, with suitable guy lines, as appliances with which to do their work. They left it to the workmen themselves to fasten the…
1Opinion of the CourtWerner, J.
This action was brought to recover damages for personal injuries resulting from the collapse of a derrick upon which the plaintiff was at work when the accident occurred. The negligence charged against the defendants is, that a certain eyebolt to which said derrick and another derrick were fastened by means of cables or guys was “ in an unsafe, insufficient, insecure, dangerous and improper condition for the purpose for which the defendants used the same, so that solely by reason thereof and while the plaintiff was upon one of the said derricks as aforesaid, the said eyebolt broke, causing…
2Cases cited4 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Parish v. . BairdNew York Court of Appeals · 1899
- Schneider v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1892
3Cited by151 opinions
- In re Nicole V.New York Court of Appeals · 1987
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. AllweissNew York Court of Appeals · 1979
- People v. KeindlNew York Court of Appeals · 1986
- People v. CroninNew York Court of Appeals · 1983
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