Hawke v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by Samuel L. Hawke against John Crosby Brown, individually and as executor, and others. From a judgment entered on a nonsuit, and from an order denying a motion for a new trial, made on the minutes, • plaintiff appeals. Affirmed. This action was brought to recover damages for personal injuries received by the plaintiff on account of the fall of a building situated in Buffalo.
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Appeal from special term, Erie county. Action by Samuel L. Hawke against John Crosby Brown, individually and as executor, and others. From a judgment entered on a nonsuit, and from an order denying a motion for a new trial, made on the minutes, • plaintiff appeals. Affirmed. This action was brought to recover damages for personal injuries received by the plaintiff on account of the fall of a building situated in Buffalo. The building was under the control and management of the defendant Brown, as acting executor and trustee, who lived in New York City. Defendants Thayer & Hastings were…
1Opinion of the CourtGreen, J.
The appellant contends that the respondents were chargeable with negligence in the selection and employment of an incompetent contractor to perform the work required. It is alleged in the complaint that Luther was then “engaged in business as a practical carpenter, mason, and builder,” but that he had no theoretical or practical knowledge of building or mason work; that he possessed none of the experience, knowledge, or qualifications necessary for a contractor to make the alterations provided for by the contract; that he was wholly without the information usually possessed by contractors,…
2Cases cited6 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Morton v. . ThurberNew York Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Silveus v. GrossmanSupreme Court of Pennsylvania · 1932
- Fuller v. PalazzoloSupreme Court of Pennsylvania · 1937
- Bokoshe Smokeless Coal Co. v. MoreheadSupreme Court of Oklahoma · 1912
- Fuller v. PalazzoloSupreme Court of Pennsylvania · 1937
- Montain v. City of FargoNorth Dakota Supreme Court · 1917