Malone v. . Hathaway
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as surviving partner of the firm of Bevier & Co., for the alleged negligence of defendant’s firm causing the death of Thomas Malone, plaintiff’s intestate. Said firm were carrying on a brewery in the city of Boch ester and Malone was employed therein as a laborer.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought against defendant as surviving partner of the firm of Bevier & Co., for the alleged negligence of defendant’s firm causing the death of Thomas Malone, plaintiff’s intestate. Said firm were carrying on a brewery in the city of Boch ester and Malone was employed therein as a laborer. The partners themselves personally superintended and managed the business. A Mr. Bagley, a competent and experienced carpenter,…
1Opinion of the CourtAllen, J.
The recovery was had in this action solely by reason of the negligence of a co-employe of the plaintiff’s intestate. The issue, under the instructions to the jury, was narrowed down to the question, “ whether there was negligence on the part of Bagley; an omission of that ordinary and reasonable degree of care and prudence which a man of ordinary and reasonable care and prudence will exercise in the conduct of his own affairs.”
The jury were told that if there was no such negligence, the defendants were entitled to a verdict. The alleged neg ligence, which was thus made the sole subject of…
2Cases cited7 opinions
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- Corcoran v. . HolbrookNew York Court of Appeals · 1875
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