Coughtry v. The Globe Woolen Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a nonsuit at circuit. (Eeported below, 1 S. C. E. [T. & C.], 452.) This action was brought by plaintiff, as administrator of Edwin J. Coughtry, deceased, to recover damages for his death, alleged to have been occasioned by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a nonsuit at circuit. (Eeported below, 1 S. C. E. [T. & C.], 452.) This action was brought by plaintiff, as administrator of Edwin J. Coughtry, deceased, to recover damages for his death, alleged to have been occasioned by defendant’s negligence. Osborn & Martin contracted to put up a new iron cornice upon defendant’s mill at Utica. By the contract, if scaffolding or stagings were required in putting up the cornices, they were to be furnished…
1Opinion of the CourtRapallo, J.
The plaintiff was nonsuited at the trial upon two grounds: First, that no action lay against the defendant in favor of the plaintiff for the alleged injury; and, secondly, that there was not sufficient evidence of negligence to justify the submission of that question to the jury.
At General Term the court were of opinion that there was sufficient evidence of negligence to have required the submission of the case to the jury, if the action lay. But the nonsuit was sustained on the ground that the defendant owed no duty to the plaintiff’s intestate in respect to the construction of the scaffold,…
2Cases cited3 opinions
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Losee v. . CluteNew York Court of Appeals · 1873
- Cook v. President of the New York Floating Dry Dock Co.New York Court of Common Pleas · 1857
3Cited by1 opinion
- Webster v. ZiellyNew York Supreme Court · 1866