Di Vito v. . Crage
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 29, Í898, 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.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 29, Í898, 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 injury which the plaintiff sustained while cleaning off the side of the embankment was the result of one of the risks which he assumed by his employment. All of the dangers were open and apparent and he voluntarily assumed them. (Crown v. Orr, 140 N. Y. 455;…
1Opinion of the CourtMartin, J.
This action was to recover for personal injuries sustained by the plaintiff, which he alleged were caused by the defendants’ negligence. The relation between the parties was that of master and servant. The plaintiff was in the employ of the defendants who were engaged in cutting down or blasting away a portion of the face of a rocky cliff upon the eastern shore of the Niagara river for the purpose of building an electric railroad at its base.
The plaintiff entered the defendants’ employment in Hay, 1895, and continued until the eighteenth of the following August, when he received the injuries…
2Cases cited2 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Capasso v. . WoolfolkNew York Court of Appeals · 1900
3Cited by15 opinions
- Simone v. . KirkNew York Court of Appeals · 1902
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Maltbie v. . BeldenNew York Court of Appeals · 1901
- Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914
- Conroy's Admx. v. NelsonSupreme Court of Vermont · 1912
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