Kranz v. Long Island Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an orde1’ made June 25,1888, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover damages for the death of William Ilranz, plaintiff’s intestate, which was alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an orde1’ made June 25,1888, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. This action was brought to recover damages for the death of William Ilranz, plaintiff’s intestate, which was alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. The master owes the duty to his servant of furnishing adequate and suitable tools and implements, proper instrumentalities and…
1Opinion of the CourtFinch, J.
We are of the opinion that the nonsuit granted in this case was erroneous, and that the question of the defendant’s negligence was improperly withheld from the jury.
The plaintiff’s intestate was a young man about eighteen years of age, "who had entered the machine shops of the defendant company to -learn the trade, and pursue that branch of labor. He was ordered to go to the depot at Bay Ridge to clean or aid in cleaning certain water-pipes placed underground at that point. A trench was opened for that purpose by the section man, and laborers under his direction, some hours before the…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Slater v. . JewettNew York Court of Appeals · 1881
- Murphy v. . Boston and Albany Railroad Co.New York Court of Appeals · 1882
3Cited by56 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Cullen v. . NortonNew York Court of Appeals · 1891
- Brazil Block Coal Co. v. HoodletIndiana Supreme Court · 1891
- Rogers v. LeydenIndiana Supreme Court · 1891
- Stuber v. . McEnteeNew York Court of Appeals · 1894
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