Kimmer v. . Weber
New York Court of Appeals
Appeal from a judgment of the General Term, of the Supreme Court in the first judicial department, entered December 1, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages sustained by the death of plaintiff’s intestate through the alleged negligence of defendants. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term, of the Supreme Court in the first judicial department, entered December 1, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages sustained by the death of plaintiff’s intestate through the alleged negligence of defendants. The facts, so far as material, are stated in the opinion. The motion for a dismissal of the complaint should have been granted, as it appeared by the plaintiff’s testimony that the defendants were in no…
1Opinion of the CourtO’Brien, J.
The plaintiff’s intestate was an apprentice in the employ of the defendants, who were builders. This young man was killed on the 16th of February, 1891, by the falling of a scaffold used by the defendants’ workmen in their business. The question was whether the accident was the result of negligence on the part of the defendants. The jury found that it was, and the inquiry is whether the proofs in the case sustain the finding. The defendants had a contract for the mason work of a brewery, which was in process of erection. There was also a gang of carpenters and a gang of plumbers at work upon…
2Cases cited8 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Hussey v. . CogerNew York Court of Appeals · 1889
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Perry v. . RogersNew York Court of Appeals · 1898
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
46 more not listed; retrieve them via the Exa API.