Hutchinson v. Charles F. Parker & Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Richard F. Hutchinson, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the defendant, rendered by direction of the court after a trial at the Niagara Trial Term.
1Opinion of the CourtHardin, P. J.
Defendant, a foreign corporation, on the • 19th day of February, 1897, was engaged in deepening a section of the Erie canal at the city *134of Lockport, and in the course of the work thus being carried on by the defendant, for the purpose of breaking and shattering the rock in the bottom of the canal so as to render the same portable, the -defendant used powerful explosives, consisting principally of dynamite in the form of cartridges, large numbers of which were inserted in holes drilled in said rock for that purpose, and were calculated to be exploded at one and the same time by means of an…
2Cases cited11 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Crown v. . OrrNew York Court of Appeals · 1893
- Hussey v. . CogerNew York Court of Appeals · 1889
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Hogan v. SmithNew York Court of Appeals · 1891
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3Cited by1 opinion
- Simone v. KirkAppellate Division of the Supreme Court of the State of New York · 1901