Downes v. . Elmira Bridge Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 2, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. . Defendant owed plaintiff the duty of exercising ordinary care in moving the girder.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 2, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. . Defendant owed plaintiff the duty of exercising ordinary care in moving the girder. (Beck v. Curtis, 68 N. Y. 283; Barry v. N. Y. C. & H. R. R. R. Co., 92 N. Y. 289; Byrne v. N. Y. C. & H. R. R. R. Co., 104 N. Y. 362; Swift v. S. I. R. T. R. R. Co., 123 N. Y. 645;…
1Opinion of the CourtVann, J.
It is alleged in the.complaint that on the 17th of August, 1896, the defendant, while carrying out a contract to erect certain iron work at the foot of Montague street, in the borough of Brooklyn, was guilty of such negligence in handling a heavy girder as to severely injure the plaintiff and cause him to lose one of his legs. The usual issues in such cases were raised by the answer. Upon the first trial the plaintiff had a verdict, but the judgment was reversed by the Appellate Division (41 App. Div. 339)'. Upon the second trial the same facts were shown in substance, and the court granted a…
2Cases cited1 opinion
- Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by18 opinions
- Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912
- Douglas v. BerglandMichigan Supreme Court · 1921
- Olsen v. StateAppellate Division of the Supreme Court of the State of New York · 1968
- Lindholm v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1926
- Meyer v. StateNew York Court of Claims · 1978
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