Muller v. Oakes Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Oakes Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of January, 1905, upon the verdict of a jury for $3,000, and also from an order bearing date the 13tli day of July, 1905, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
In the manufacturing establishment of the defendant there was a boiler room with six. boilers- in use. The deceased was one of three firemen who kept up the fires under them. There was a door from the" boiler room into the yard ; it was only from eight to twelve feet from the boilers. Outside of this door, about six or seven feet,from it, and alongside the building, was a large tank of *690water. It was in circulation with the boilers' and the water was hot. The men in the engine room were in the habit of sitting on a bench set up against the building outside of the door, and' a few…
2Cases cited2 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Muhlens v. ObermeyerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1926
- Elliott v. PayneSupreme Court of Missouri · 1922
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1915
- McKeon v. ManzeNew York Supreme Court · 1916
- Kent v. . Erie R.R. Co.New York Court of Appeals · 1916
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