Dzkowski v. . Reynoldsville Carting Co.
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 29, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was negligent in. omitting to adopt and enforce a system of signaling or warning to the men in the operation of its traveling derrick.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 29, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was negligent in. omitting to adopt and enforce a system of signaling or warning to the men in the operation of its traveling derrick. (Shearman & Redfield on Negligence, 202; Abel v. N. Y. C. & H. R. R. R. Co., 103 N. Y. 581; Slater v. Jewett, 85 N. Y.…
1Opinion of the CourtSeabury, J.
This is a common-law action to recover damages for injuries sustained through the alleged negligence of the defendant. The plaintiff was employed by the defendant. The defendant was engaged in supplying vessels in the harbor of the city of Buffalo with coal by means of a scow. Upon the scow was a derrick with a swinging boom. A cable hung from the boom to which the coal buckets 'in the hold of the scow were attached. The derrick was operated by an engine. It was what is called a “ traveling derrick, ” and ran up and down on rails or tracks which were over the hold of the scow. On the day of…
2Cases cited8 opinions
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Dana v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1883
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3Cited by3 opinions
- In re the Accounting of FinchNew York Surrogate's Court · 1949
- Reed v. DavisNew York Court of Appeals · 1928
- Blosky v. Overseas Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1927