Andrews v. H. & H. Reiners
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward F. Andrews, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 12th day of August, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 26tli day of September, 1904, denying the plaintiff’s motion for a new trial made upon the •minutes. >' ' ■
1Opinion of the Court
Jenks, J.:
The action, is by servant against master for negligént employ of a fellow-servant, whose accidental act injured the plaintiff.' Plaintiff when at work in defendant’s distillery leaned over a bañel to empty it. At that .time the other servant, in attempting to- start the bung out of another barrel, missed his aim and Struck the plaintiff ' with the wooden bungstarter. The evidence of specific acts relied upon to establish liability of the mastér under the rule of Park v. N. Y. C. & H. R. R. R. Co. (155 N. Y. 215) is found wholly in the testimony of the plaintiff. First, he .…
2Cases cited3 opinions
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Park v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Cameron v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
3Cited by1 opinion
- Roewekamp v. New York Post-Graduate Medical School & HospitalAppellate Division of the Supreme Court of the State of New York · 1939