Peterson v. J. B. & J. M. Cornell Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the clerk’s office of Kings county on March 18, 1908, in favor of the plaintiff, in an action to recover damages for a personal injury, alleged to have been the result of defendant’s negligence in failing to provide him with safe appliances and a safe place in which to do his work; and also from an order entered in the same office on March 19, 1908, denying its motion for a new trial.
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Appeal by the defendant from a judgment of the Supreme Court, entered in the clerk’s office of Kings county on March 18, 1908, in favor of the plaintiff, in an action to recover damages for a personal injury, alleged to have been the result of defendant’s negligence in failing to provide him with safe appliances and a safe place in which to do his work; and also from an order entered in the same office on March 19, 1908, denying its motion for a new trial. Judgment and order affirmed, with costs. Ho opinion. Hirschberg, P. J., Woodward and Miller, JJ., concurred; Rich, J., read for reversal,…
1DissentRich, J.
I dissent. The relation of master and servant existed between the parties, and the right of action is predicated upon the common-law, liability of a master. The defendant was engaged in the performance of a contract for the erection of a building, to resS upon concrete piers; which at the time of the accident had been completed. The material to be used in the building "was delivered at a point a short distance from its site by rail, and the loaded cars hauled from such point to a place opposite the piers by a dummy engine apparently owned and operated by the railroad company. Por the purpose…
2Cases cited2 opinions
- Ryan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Farley v. White Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1909