Bohn v. . Havemeyer
New York Court of Appeals
Appeal from judgment of the G-eneral Term in the second .judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of defendants, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. If the imperfections of the bin contributed to the accident, and the plaintiff is blameless, the master is liable.
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Appeal from judgment of the G-eneral Term in the second .judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of defendants, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. If the imperfections of the bin contributed to the accident, and the plaintiff is blameless, the master is liable. (Cone v. D. L. & W. R. R. Co., 81 N. Y. 206.) It was negligence in the foreman not to notify the plaintiff of the danger attending that particular service, and for that kind of negligence the master is…
1Opinion of the Court
Follett, Ch. J.
For several years before the accident, which is the subject of this action, the defendants had owned and operated a sugar refinery at Brooklyn, FT. Y., in which the plaintiff was employed as a shoveler. Upon the second floor of the refinery are bins about ten feet long, five feet wide and thirteen feet deep, into which refined sugar is discharged from the mill on the third floor. A hole about two feet square is cut in the bottom of each bin through which sugar falls into a packer, which presses it into barrels. The action of the packer is automatic. When a barrel is filled a…
2Cited by3 opinions
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- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1911
- Burns v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905