Hogle v. H. H. Franklin Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the H. H. Franklin Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 20th day of January, 190§, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 20th day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The plaintiff seeks to recover damages for personal injuries. A piece of. iron was thrown from the defendant’s factory, hitting the plaintiff and hurting her. She was at work in her garden at the time. The defendant’s factory premises adjoined the garden, which is in the rear of the house where the plaintiff lives with her husband and famjiy..
The evidence is ample to support the finding that the missile was thrown by a workman in the factory. The jury could find from the evidence that .it had been the practice of ' the defendant’s employees working in the factory, for a year or…
2Cases cited4 opinions
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
- Conradt v. ClauveIndiana Supreme Court · 1884
- Swinarton v. Le BoutillierNew York Court of Common Pleas · 1894
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953