Kirby v. . Montgomery Brothers Co.
New York Court of Appeals
Appeal from a judgment, entered September 25, 1908, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit granted at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered September 25, 1908, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit granted at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. If from the evidence men of ordinary prudence and discretion might differ as to the character of the acts or if the inference to be drawn from or the…
1Opinion of the CourtVann, J.
The plaintiff, while in the employ of the defendant as a common laborer in its lumber yard in the city of Buffalo, alleges that he was seriously injured by the negligence of his master in failing to furnish him a safe place in which to work. The accident occurred in a shed belonging to the defendant used to store lumber for the purpose of selling it at retail. This building was 125 feet long, with a plank driveway in the center, through which delivery wagons were driven in and out. Lumber was stored on either side of the driveway, and about twelve feet above on either side of the space over…
2Cited by8 opinions
- Frate v. StateAppellate Division of the Supreme Court of the State of New York · 1935
- Mizak v. Carborundum Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Rowley v. Newburgh Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Adlam v. KonvalinkaNew York Court of Appeals · 1943
- Reed v. DavisNew York Supreme Court · 1930
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