Cosgrove v. . Ogden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. Also affirming order denying motion for new trial. The action was brought to recover damages for injuries resulting from the alleged negligence of defendants’ servant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. Also affirming order denying motion for new trial. The action was brought to recover damages for injuries resulting from the alleged negligence of defendants’ servant. Defendants, at the time stated in the complaint, were copartners in the lumber business, having a lumber yard in Hew York, located on Thirteenth street, east of Avenue C, which was in charge of Walter S. Brown, as the foreman and agent of the defendants. In hauling…
1Opinion of the CourtGrover, J.
The ease shows that Brown was employed by the defendants as superintendent of a lumber yard owned by them. That in the prosecution of this business he had the entire charge of removing timber and lumber from the dock to the yard, piling it upon the yard, and of selling and delivering it to customers. That in the prosecution of this business he caused a large quantity of timber to be hauled to and piled upon or near the sidewalk of Thirteenth street, west of avenue 0, in the city of Blew York, and nearly opposite the house where the plaintiff’s parents resided, at the distance of about a block…
2Cases cited1 opinion
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
3Cited by107 opinions
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- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
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