Benfield v. Vacuum Oil Co.
New York Supreme Court
Appeal from circuit court, Monroe county. Action by William 0. Benfield against the Vacuum Oil Company to recover damages for personal injuries. From an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Beversed.
1Opinion of the CourtDwight, P. J.
The plaintiff had been in the defendant’s employ for a year and a half, engaged in the same duties and exposed to the same dangers as at the time when the accident occurred from which the injury was received of which he now complains. Tie accident was the explosion of gas in a tank in which paraffine was being heated, and it was caused by the act of the plaintiff himself in raising the lid of the tank with a lighted lantern in his hand, or' hanging on his arm. The gas escaping from the open tank communicated with the flame of the lantern, and the explosion followed, in which the plaintiff was…
2Cases cited3 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- De Forest v. . JewettNew York Court of Appeals · 1882
- Stringham v. . HiltonNew York Court of Appeals · 1888
3Cited by5 opinions
- Fisher v. PrairieSupreme Court of Oklahoma · 1910
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Kopf v. Monroe Stone Co.Michigan Supreme Court · 1903
- Stenger v. Buffalo Union Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Olsen v. Triangle Mining Co.Utah Supreme Court · 1917