Stewart v. New York, O. & W. R. Co.
New York Supreme Court
Appeal from circuit court, Sullivan county. The defendant was endeavoring to remove an ice jam in a river. It employed dynamite cartridges to break the ice, and a number of laborers to remove the broken ice, among whom was plaintiff’s intestate. The intestate had nothing to do with the blasting or with the dynamite. The dynamite cartridges were about one inch in diameter and eight inches long, covered with paper and coated with paraffine.
Read the full summary
Appeal from circuit court, Sullivan county. The defendant was endeavoring to remove an ice jam in a river. It employed dynamite cartridges to break the ice, and a number of laborers to remove the broken ice, among whom was plaintiff’s intestate. The intestate had nothing to do with the blasting or with the dynamite. The dynamite cartridges were about one inch in diameter and eight inches long, covered with paper and coated with paraffine. They freeze at about 42° Fahrenheit, and when frozen do not explode. These cartridges were exploded by attaching a cap and a fuse. Dynamite is a name for…
1Opinion of the CourtLearned, P. J.
We do not see anything in the case which shows contributory negligence on the part of the intestate. It was a cold day, and it was not unreasonable that he should approach a Are. Whether or not he knew that at that moment there were cartridges in the pail, we cannot tell. He *21ihad been directed, with others, to get a pole, for a pike pole.- He and they got them from the drift. There was no work to do until the blasting had been done. Stewart, the deceased, seems to have been waiting for an opportunity to work, or perhaps, as another witness had done, he was trimming his pole. That under such…
2Cases cited4 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Hussey v. . CogerNew York Court of Appeals · 1889
- Webber v. . PiperNew York Court of Appeals · 1888
3Cited by4 opinions
- Lusk v. PhelpsSupreme Court of Oklahoma · 1918
- Robinson v. Town of FowlerNew York Supreme Court · 1894
- Oties v. Cowles Electric Smelting Co.New York Supreme Court · 1889
- Sullivan-Sanford Lumber Co. v. CooperTexas Supreme Court · 1912