Shields v. Robins
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by John Shields against John N. Robins to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The action is by a workman against his employer to recover damages for personal injuries. The defendant occupied the building No. 32 Washington street, this city, for making repairs to steamships, etc.
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Appeal from jury term. Action by John Shields against John N. Robins to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The action is by a workman against his employer to recover damages for personal injuries. The defendant occupied the building No. 32 Washington street, this city, for making repairs to steamships, etc. There was a blacksmith’s shop on the top floor of the building, which was of brick, six stories high. The floors and roof were of timber. An elevator was…
1Opinion of the CourtMcADAM, J.
The rule is universal, and has no exceptions or limitations, that no one is liable for injuries to the person or property of another without some fault or negligence on his part. Where no contractual relations exist between the parties, the presumption is, until the contrary is shown, that every man has performed his duty, and it is incumbent upon one who alleges a failure in this respect to prove facts from which an inference of negligence may be properly drawn, and mere proof that the accident happened‘will not authorize such an inference. Loeber v. Roberts (Super. Ct. N. Y.) 17 N. Y. Supp.…
2Cases cited7 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Wall v. JonesNew York Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pronnecke v. Westliche Post Publishing Co.Missouri Court of Appeals · 1927