Martin v. Cook
New York Supreme Court
Appeal from circuit court, FTew York county. Action by Patrick Martin against Valentine Cook and another to recover damages for injuries alleged to have been caused by defendants’ negligence. Exceptions taken by the plaintiff at the trial were ordered to be heard in the first instance at the general term, and plaintiff appeals from an order dismissing his complaint on the merits.
1Opinion of the Court
¡Van Brunt, P. J.
This action was brought to recover damages for injuries sustained by the plaintiff while in the employ of the defendants, which injuries were attributable to the negligence of the defendants. The court dismissed the complaint because of alleged failure of proof of negligence. The plaintiff had been in the employ of the defendants for 12 or 15 years prior to the accident, who were engaged in the foundry business, and upon the day in question he was employed in letting molten metal run from the furnace into a ladle, which was swung on a crane, and the metal was to be taken out…
2Cases cited2 opinions
- Malone v. . HathawayNew York Court of Appeals · 1876
- Dobbins v. . BrownNew York Court of Appeals · 1890
3Cited by14 opinions
- Lewinn v. MurphyWashington Supreme Court · 1911
- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1911
- Freedman v. SirotaAppellate Division of the Supreme Court of the State of New York · 1905
- Wise v. CohenAppellate Division of the Supreme Court of the State of New York · 1906
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