Benzing v. . Steinway and Sons
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9,1883, which affirmed a judgment in favor of defendants, entered upon an order dismissing plaintiffs complaint on trial. This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9,1883, which affirmed a judgment in favor of defendants, entered upon an order dismissing plaintiffs complaint on trial. This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence. The material facts are stated in the opinion. The court erred in dismissing the complaint; the case should have been submitted to the jury. (Plank v. N. Y. C., etc., R. R., 60 N. Y. 607; Mehan v. Syracuse, etc., R.…
1Opinion of the Court
Ruger, Ch. J.
The evidence of the circumstances surrounding the accident, and the prior use of the platform occasioning the same, is quite meagre and unsatisfactory ; but standing unexplained was quite sufficient to carry the question of plaintiff’s ' contributory negligence to the jury. He was unexpectedly called from his work in another part of the factory, to assist in putting up girders to support a roof in course of erection over the boiler-room. This duty Was not in the line of his general employment, and his evidence shows that" he had no previous knowledge of the status of the work, or…
2Cases cited5 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Stringham v. . StewartNew York Court of Appeals · 1885
- Ellis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
3Cited by88 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
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