United States Fidelity & Guaranty Co. v. Dyer

Appellate Division of the Supreme Court of New York

United States Fidelity & Guaranty Co. v. Dyer

230 A.D. 793

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

DecidedSeptember 15, 1930

StatusPublished

This text of 230 A.D. 793 (United States Fidelity & Guaranty Co. v. Dyer) 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

United States Fidelity & Guaranty Co. v. Dyer, 230 A.D. 793 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

As the evidence now stands, the plaintiff’s assignor was injured by a piece of concrete which fell down the shaft, due to the negligence of the defendant through the carelessness of his employees; and due to the neglect of the defendant in failing to perform his non-delegable duty to protect the workmen by a suitable guard in the shaft. There is no proof of contributory negligence on the part of the injured workman. The verdict for the defendant was, therefore, against the weight of the evidence. The judgment and order should be reversed and a new trial granted.—Van Kirk, P. J., Hinman, Davis, Whitmyer and Hasbrouck, JJ., concur. Judgment and order reversed on the law and the facts, and new trial granted, with costs to the appellant to abide the event.

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Per Curiam.

As the evidence now stands, the plaintiff’s assignor was injured by a piece of concrete which fell down the shaft, due to the negligence of the defendant through the carelessness of his employees; and due to the neglect of the defendant in failing to perform his non-delegable duty to protect the workmen by a suitable guard in the shaft. There is no proof of contributory negligence on the part of the injured workman. The verdict for the defendant was, therefore, against the weight of the evidence. The judgment and order should be reversed and a new trial granted.—Van Kirk, P. J., Hinman, Davis, Whitmyer and Hasbrouck, JJ., concur. Judgment and order reversed on the law and the facts, and new trial granted, with costs to the appellant to abide the event.

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Bluebook (online)

230 A.D. 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-co-v-dyer-nyappdiv-1930.