Johnston v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James C. Fargo, as president of the American Express Company, an association consisting of seven or more persons, from a judgment of the County Court of Onondaga county, entered in the office of the clerk of the county of Onondaga on the 15th day of July, 1903, upon an order entered in said clerk’s office on the 15th day of July, 1903, affirming a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiff, entered on the 30th…
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Appeal by the defendant, James C. Fargo, as president of the American Express Company, an association consisting of seven or more persons, from a judgment of the County Court of Onondaga county, entered in the office of the clerk of the county of Onondaga on the 15th day of July, 1903, upon an order entered in said clerk’s office on the 15th day of July, 1903, affirming a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiff, entered on the 30th day of July, 1902, upon the verdict of a jury for $350, and also affirming an order of the said Municipal Court, denying…
1Opinion of the Court
Hiscock, J.:
Plaintiff recovered his judgment in this action for damages resulting from a personal injury while in the employ of defendant.
In the transaction of its business the American Express Company, of which the defendant is the president, maintained in the city of Syracuse a barn wherein were kept wagons and sleighs, which while out of use were stored upon the second floor. There was a large elevator which was used for the purpose of carrying them up and down to and from this floor. This elevator was about nine feet wide and sixteen feet long. To the elevator floor, two upon each side,…
2Cases cited8 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- People v. . HavnorNew York Court of Appeals · 1896
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- People v. . LochnerNew York Court of Appeals · 1904
- Purdy v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schlobohm v. Spa Petite, Inc.Supreme Court of Minnesota · 1982
- Basin Oil Co. v. Baash-Ross Tool Co.California Court of Appeal · 1954
- Boll v. Sharp & Dohme, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- Rogow v. United StatesDistrict Court, S.D. New York · 1959
- Berlangieri v. Running Elk Corp.New Mexico Court of Appeals · 2002
6 more not listed; retrieve them via the Exa API.