Donohue v. East River Mill & Lumber Co.

Appellate Division of the Supreme Court of New York

Donohue v. East River Mill & Lumber Co.

171 A.D. 935, 156 N.Y.S. 365

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1915

StatusPublished

This text of 171 A.D. 935 (Donohue v. East River Mill & Lumber Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donohue v. East River Mill & Lumber Co., 171 A.D. 935, 156 N.Y.S. 365 (N.Y. Ct. App. 1915).

Pincite

Opinion

Per Curiam:

We are of opinion that the plaintiff failed to show any negligence on the part of defendant and that the death of her husband was caused by his own negligence in attempting to climb to the top of the pile of lumber by an unsafe way unnecessarily selected by himself. The findings of negligence on the part of the defendant and of freedom from negligence on the part of decedent are, therefore, reversed and the judgment and order are reversed, with costs, and complaint dismissed, with costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.

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Per Curiam:

We are of opinion that the plaintiff failed to show any negligence on the part of defendant and that the death of her husband was caused by his own negligence in attempting to climb to the top of the pile of lumber by an unsafe way unnecessarily selected by himself. The findings of negligence on the part of the defendant and of freedom from negligence on the part of decedent are, therefore, reversed and the judgment and order are reversed, with costs, and complaint dismissed, with costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.

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Bluebook (online)

171 A.D. 935, 156 N.Y.S. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donohue-v-east-river-mill-lumber-co-nyappdiv-1915.