Schott v. Onondaga County Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from Onondaga county court. Action for injuries by Andrew Schott against the Onondaga County Savings Bank. From a judgment for plaintiff, reversing a judgment of the municipal court of the city of Syracuse, defendant appeals. The defendant was engaged in constructing a sower from its banking house in the city of Syracuse to a stream known as the “Onondaga Creek.”
Read the full summary
Appeal from Onondaga county court. Action for injuries by Andrew Schott against the Onondaga County Savings Bank. From a judgment for plaintiff, reversing a judgment of the municipal court of the city of Syracuse, defendant appeals. The defendant was engaged in constructing a sower from its banking house in the city of Syracuse to a stream known as the “Onondaga Creek.” The work was carried on under the superv’sion of a competent engineer, who was superintendent of the city water department, and the men were employed by one Spaulding, who gave his personal attention to the work as it…
1Opinion of the CourtAdams, P. J.
The direct cause of the plaintiff’s injury — the depositing of the contents of a wheelbarrow upon his head and shoulders — was confessedly the act of a co-servant, which of. itself did not, of course, create any liability upon the part of the common master. It is contended, however, that the injurious consequences of this act would have been averted had not the foreman, Eagan, been unmindful of his promise to protect the plaintiff while in the trench, and that, inasmuch as Eagan had undertaken to perform a duty which devolved upon the master; his omission of such duty was negligence for which…
2Cases cited14 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Hussey v. . CogerNew York Court of Appeals · 1889
- Perry v. . RogersNew York Court of Appeals · 1898
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902
- Feeney v. AbelsonSuperior Court of Pennsylvania · 1912