McCarthy v. Thorn

Decided June 29, 1889

The Superior Court of New York City · decided 1889-06-29

<p>Master and servant—Unsafe appliances—When complaint properly dismissed.</p> <p>Where there is some evidence given on the part of the plaintiff at the trial, that would warrant the jury in finding that the defendant negligently-furnished to the plaintiff an appliance for his use, and that he was injured without fault on his part, while using such appliance, the refusal of the trial court to dismiss the complaint, was no error.</p>

Decided 1889-06-29

Truax, J.»

¶1The action was brought tó recover damages for injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant. The only question in the case is the one presented by the defendant’s exception to the refusal of the court to dismiss the complaint. I am of the opinion that there was some evidence in the case that would warrant the jury in finding that the defendants negligently furnished to the plaintiff an appliance for his use, and that he was injured without fault on his part while using such appliance.

¶2The judgment and order appealed from are affirmed, with costs.

Sedgwick, Ch. J.

¶3The judgment and order appealed from should be affirmed, with costs.