Burke v. . Witherbee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order ,/ made January 22, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. | & | [\ ^ ■ The nature of the action and the material facts are stated in the opinion. If the hook was a reasonably safe appliance, it was not negligence in defendants not to adopt some other appliance which may have been more safe.
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Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order ,/ made January 22, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. | & | [\ ^ ■ The nature of the action and the material facts are stated in the opinion. If the hook was a reasonably safe appliance, it was not negligence in defendants not to adopt some other appliance which may have been more safe. (Whart. on Neg., § 213; Stringham v. Stewart, 27 Hun, 562; Charles v. Taylor, 30 Eng. R. [Moak] 346.) That the hook slipped of£ at the bottom of…
1Opinion of the CourtEarl, J.
This action was brought to recover damages on account of the death of the plaintiff’s intestate, which was alleged to have been caused by the negligence of the defendants.
In Februray, 1883, the defendants owned and worked an iron ore mine in Essex county in this State. The bottom of the mine was reached by a track with wooden rails descending with varying grades a distance of about one thousand feet. The ore was hoisted in a four-wheeled iron cart drawn upon the track by means of a wire cable attached to a drum worked by a stationary engine at the mouth of the mine. The car weighed about a…
2Cases cited1 opinion
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
3Cited by97 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
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