Leonard v. . Collins
New York Court of Appeals
Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death, of Hugh Leonard, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
Read the full summary
Appeal from judgment of the General Term of the City-Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the death, of Hugh Leonard, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. The deceased was in the employ of defendant, and with other workmen was engaged in excavating a bank of earth; the top of the bank was frozen; the earth underneath was first partially removed, leaving sections at intervals to support the overhanging bank; these ivere then removed and a portion of the…
1Per curiam
The excavation of the embankment was being carried on under the personal supervision and direction of the defendant, aiid he was bound to exercise reasonable care and prudence in the management of the business, and if the cutting away and loosening of the earth at the top of the embankment, while the plaintiff’s intestate was engaged in loading the cart below, was an imprudent and negligent act which caused his death, the plaintiff is entitled to recover. The master is liable for an injury to his servant arising from his personal fault or neglect. (Keegan v. Western R. R. Corporation, 8 N.…
2Cases cited4 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Keegan v. . the Western R.R. Co.New York Court of Appeals · 1853
- Connolly v. PoillonNew York Supreme Court · 1864
3Cited by20 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Berns v. Graston Gas Coal Co.West Virginia Supreme Court · 1885
- Hewitt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1887
- Dunsbach v. HollisterNew York Supreme Court · 1888
- Martin v. WilsonHawaii Supreme Court · 1915
15 more not listed; retrieve them via the Exa API.