Scharff v. . Jackson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1914, affirming a judgment in favor of plaintiff entered, upon a verdict in an action to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. 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 third judicial department, entered January 9, 1914, affirming a judgment in favor of plaintiff entered, upon a verdict in an action to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The facts, so far as material, are stated in the opinion. There was no proof that the accident was due to the fact that the place was unsafe or to a defect in the ways, works, machinery or plant. (Ruppert v. B. H. R. R. Co., 154 N. Y. 94; Lopez v.…
1Opinion of the CourtPound, J.
The accident occurred on February 16, ■1911, when both of plaintiff’s legs were broken by falling bags of cement. The complaint alleges acts of negligence at common law and under the Employers’ Liability Act (Labor Law, amended by L. 1910, ch. 352), but the notice required to be served under section 201 of the Labor Law was not offered in evidence on the trial.
The questions are whether defendant was negligent in furnishing plaintiff with a safe place to work and whether plaintiff sustained injuries by reason of such negligence.
Defendant is a corporation. It conducts a storehouse in the city…
2Cases cited3 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Reilly v. . Troy Brick CompanyNew York Court of Appeals · 1906
- Wazenski v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1905
3Cited by19 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
- Lane v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1931
- Splinter v. City of NampaIdaho Supreme Court · 1953
- Tryon v. WillbankAppellate Division of the Supreme Court of the State of New York · 1932
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