Maltby v. Belden
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, Alvin J. Belden and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 7th •day of April, 1899, upon the verdict of a jury for §4,000, and also from an order entered in said clerk’s office on the 7th day of April, 1899, denying the defendants’ motion for a new trial made upon the minutes.
Read the full summary
■ Appeal by the defendants, Alvin J. Belden and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 7th •day of April, 1899, upon the verdict of a jury for §4,000, and also from an order entered in said clerk’s office on the 7th day of April, 1899, denying the defendants’ motion for a new trial made upon the minutes. The action was commenced on the 12th day of April, 1898, to recover damages for the death of plaintiff’s intestate, which occurred on the 11th day of October, 1897, and alleged to have been…
1Dissent
Smith, J. (dissenting) :
In Cullen v. Norton (126 N. Y. 1) ■ the plaintiff’s intestate was engaged in'quarrying stone. The stone was loosened by blasting. After a blast it was found that the charge in one of the holes had not exploded. The foreman of the defendant examined it and tound the fuse unconsumed, but failed to remove it. He set other workmen to work drilling within two feet, and • directed the plaintiff’s intestate to drill some twenty or thirty feet distant. ' The fuse caught fire. The charge in the hole exploded, causing the death of the plaintiff’s intestate. It was held that the…
2Cases cited3 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Ulrich v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1898
- Miller v. ThomasAppellate Division of the Supreme Court of the State of New York · 1897