Marion v. B. G. Coon Construction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1913, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the- facts', so far as material, are stated in the opinion; . The trial court erred in violation of the substantial rights of the defendant in submitting to the jury the question of whether the defendant was negligent in hiring Davis, an alleged incompetent man. (Faieia v. Smith, 3 Misc. Rep. 255; Lanan v. Hibbard, 63 Ill. App. 54; Houck v. Gue, 30 Neb. 113.) A common-law…
1Opinion of the CourtPound, J.
This is an action to recover damages for injuries sustained by plaintiff while in defendant’s employ. Plaintiff was struck and knocked into a gorge by the fall of the boom of a derrick. The complaint alleges various acts of negligence both at common law and under the Labor Law (§ 200, as amended by Laws 1910, ch. 352). At the close of the evidence defendant moved that. the plaintiff be required to elect upon what proposition, either the common law or the statute, the case should go to the jury. The court, without requiring an election, said: “I will rule that this is a case under the statute…
2Cases cited1 opinion
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
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- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- State v. WilliamsSupreme Court of Iowa · 1924
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