Legal Opinion

Bagley v. Consolidated Gas Co.

New York Court of Common Pleas

Decided June 3, 1895Published

Appeal from trial term. Action by Cornelius Bagley against the Consolidated Gas Company for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtPryor, J.

In an action for negligent injury to the person, these appeal* to be the circumstances of the accident: The plaintiff, with other servants of the defendant, was engaged, under the direction of a foreman, in hoisting a heavy tank over the wall of defendant’s building. A scaffold against the wall, obstructing the operation, was partially removed, but a fragment remained, with planks on its top. Through the omission of the defendant to detach those planks, and through the negligence of the foreman in allowing an unsteady and irregular movement of the tank in the process of elevation, it…

2Cases cited10 opinions

  1. Fuller v. . JewettNew York Court of Appeals · 1880
  2. Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
  3. Hussey v. . CogerNew York Court of Appeals · 1889
  4. Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
  5. Stringham v. . StewartNew York Court of Appeals · 1885

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