Miller v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Rochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 21st day of June, 1920, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the same day, as resettled by an order entered in said clerk’s office on the 30th day of June, 1920, denying defendant’s motion for a new trial made upon the minutes. ■ The…
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Appeal by the defendant, The City of Rochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 21st day of June, 1920, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the same day, as resettled by an order entered in said clerk’s office on the 30th day of June, 1920, denying defendant’s motion for a new trial made upon the minutes. ■ The plaintiff’s intestate was an employee of the Rochester Gas and Electric Corporation whose assignor made a contract with the…
1Opinion of the Court
Hubbs, J.:
The judgment in this case should be reversed because of the error in the judge’s charge in which he stated to the jury: “ It comes right back to the two propositions: Did the city assume this burden, and if the city assumed it, did it fulfill the duty which rested upon it of furnishing a safe place to work.” The duty of furnishing a safe place to work did not rest upon the city, as the deceased was not a servant of the city and even if the duty did rest upon the city, it is questionable if the principle of a safe place to work, as that expression is used in the law of master and…
2Cases cited3 opinions
- Fink v. SladeAppellate Division of the Supreme Court of the State of New York · 1901
- Miller v. International Harvester Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Neagle v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1906
3Cited by1 opinion
- Doster v. Binghamton Gas WorksNew York County Court, Broome County · 1950