Teetsel v. Simmons
New York Supreme Court
Appeal from circuit court, "Ulster county. Action by Isaac Teetsel against William H. Simmons and others, to recover damages for personal injuries caused by the breaking of a platform or switch board on which plaintiff stood while working a switch in order to switch the course of the ice which was being put in defendants’ ice house. Judgment was rendered in favor of plaintiff, and defendants appeal.
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Appeal from circuit court, "Ulster county. Action by Isaac Teetsel against William H. Simmons and others, to recover damages for personal injuries caused by the breaking of a platform or switch board on which plaintiff stood while working a switch in order to switch the course of the ice which was being put in defendants’ ice house. Judgment was rendered in favor of plaintiff, and defendants appeal. The part of the ice house in which the accident happened was divided into four rooms of nearly equal size (50 feet by 80 feet each) by partitions crossing at right angles. The four rooms were…
1Opinion of the CourtHerrick, J.
It seems to me that the evidence in this case establishes that the switch board upon which the plaintiff was standing at the time of the accident was placed there to be used for the purposes of a switch board only, and not as a part of a passage*973way for the workmen of one room or part of the ice house to the other; that its occasional use as a passageway by some of the workmen was not in pursuance of any custom, or by any authority of the defendants; that the board was reasonably sufficient for the purpose for which it was intended it should be used,—that is, as a switch board; that the…
2Cited by2 opinions
- Kiernan v. PerchaAppellate Division of the Supreme Court of the State of New York · 1909
- Smith v. ParkeAppellate Terms of the Supreme Court of New York · 1910