Madden v. . Hughes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. The court erroneously charged the jury upon certain questions of law. (Hutton v. H, etc., Co., 139 Fed. Rep. 734; Rotondo v. Smyth, 92 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. The court erroneously charged the jury upon certain questions of law. (Hutton v. H, etc., Co., 139 Fed. Rep. 734; Rotondo v. Smyth, 92 App. Div. 153 ; Wingert v. Krakauer, 92 App. Div. 223; Schapp v. Bloomer, 181 N. Y. 125; Walters v. Fuller, 82 App. Div. 254; Butler…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for injuries sustained by the plaintiff on the 25th day of January, 1902, while in the employ of the defendants. At the time of the accident he was engaged in putting a beam in one of the pockets of a scow which the defendants were repairing. The scow was divided into different pockets, each of which was twenty-eight feet wide across the top and thirteen feet in length from bulkhead to bulkhead; the sides of the pocket sloped diagonally from the top of the scow towards the center at the bottom. In order to facilitate the placing of the beam in…
2Cited by15 opinions
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- Deiner v. SutermeisterSupreme Court of Missouri · 1915
- Grady v. National Conduit & Cable Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Steel & Masonry Contracting Co. v. ReillyCourt of Appeals for the Second Circuit · 1913
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