Crispin v. . Babbitt
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, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by defendant’s negligence. At the time of the accident, plaintiff was working as a laborer in the iron works of the defendant, at "Whitesboro, Oneida county.
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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, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by defendant’s negligence. At the time of the accident, plaintiff was working as a laborer in the iron works of the defendant, at "Whitesboro, Oneida county. Plaintiff had assisted to draw a boat into a dry dock connected with the works; after the boat was in the dry dock, it became…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The liability of a master to his servant for injuries sustained while in his employ, by the wrongful or negligent act of another employe of the same master, does not depend upon the doctrine ofrespondeat perior.
If the employe whose negligence causes the injury is a fellow-servant of the one injured, the doctrine does not apply. (Conway v. Belfast, etc., Ry. Co., 11 Irish C.L. 353.)
A servant assumes all risk of injuries incident to and occurring in the course of…
2Cases cited1 opinion
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by146 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Cullen v. . NortonNew York Court of Appeals · 1891
- Sayward v. CarlsonWashington Supreme Court · 1890
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Hussey v. . CogerNew York Court of Appeals · 1889
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