Goodhines v. Chase
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis S. Chase, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 26th day of December, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s.office on the 14th day of December, 1903, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Lewis S. Chase, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 26th day of December, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s.office on the 14th day of December, 1903, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 22d day of October, 1903, to recover the damages sustained by the widow and next of kin of' plaintiff’s intestate, on account of his death, which occurred on the-15th…
1Opinion of the Court
McLennan, P. J.:
At about six o’clock in the afternoon of the 15th day of April, 1903, plaintiff’s intestate, who at the time was in defendant’s employ, engaged in firing a boiler and running a sixty-horse power engine, sustained injuries from which he died about two hours later. He had. been so employed for about a year previous, was familiar with the machinery and the manner of its operation, and was competent to perform the duties of his employment. The evidence indicates that the injuries were occasioned by the explosion of the blow-off appliance, so called, attached to the boiler, which…
2Cases cited3 opinions
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
3Cited by1 opinion
- Wilson v. New York MillsAppellate Division of the Supreme Court of the State of New York · 1905