James v. Cranford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Cranford, from a judgment of the Supreme Court in'favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1906, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
In this common-law action-by servant against master for negligence I think that the verdict for the plaintiff cannot stand in face of the testimony relating to the plea of assumption of risk. .On September 28, 1905, the plaintiff, one of- 40 or 50 painters, was painting-the iron columns'and iron girders of the structure of an elevated railroad. The railroad at the time was being worked by power furnished by a third rail permanently placed alopg the rails. While at work the plaintiff received an electric shock and was injured. *559The theory of the plaintiff is that the shock came from a…
2Cases cited17 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Davidson v. . CornellNew York Court of Appeals · 1892
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by1 opinion
- Collelli v. TurnerAppellate Division of the Supreme Court of the State of New York · 1912