O'Brien v. Buffalo Furnace Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Furnace Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 28th day of January, 1901, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office, on the 28th day of March, ■ ■ 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Buffalo Furnace Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 28th day of January, 1901, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office, on the 28th day of March, ■ ■ 1901, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 5th day of July, 1899, to recover damages sustained by the heirs and next of kin of John Coyle, deceased, because of his death which occurred in the-city of…
1Opinion of the Court
McLennan, J. :
Upon the merits the evidence in this case presents the somewhat novel and interesting question: Is a master who intrusts hazardous and dangerous work tó a competent and experienced servant, and who directs an inexperienced coservant to assist, without informing him of the dangers incident thereto, liable, for the' negligent act of the former which results in injury to the latter because of the Inherent danger of the work, simply because the master failed to inform such assistant that the work was dangerous, and to warn Mm against the risks of such employment ?, Oh the day of the…
2Cases cited2 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Hussey v. . CogerNew York Court of Appeals · 1889
3Cited by3 opinions
- Logan v. StateCourt of Appeals of Georgia · 1975
- Lee v. PeckSupreme Court of Georgia · 1971
- Klos v. Hudson River Ore & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1902