Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 114) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1889. Not illustrated. Excerpt: ... bottom of each bin is an orifice about two feet square, through which the sugarfalls into a packer. It is the dutv of the shovelers, . iMionir other things, when the dis- charging orifice of a bin becomes clogged, to open it by running a pole down through and loosening the sugar. Plaintiff had been en- gaged in this work, and was ac- quainted with the construction of the bins and the method of dis- charging sugar. The orifice of a bin became clogged and plaintiff entered with a co-employe to open it. The pole not being long enough to effect the purpose, they dug down into the sugar far enough to reach the orifice with the pole. On opening it a sudden and unusual subsidence of the sugar occurred and plaintiff was drawn down and surrounded by sugar; his co-em- ploves threw a rope around his body and' pulled him out, whereby he received the injuries complained of. It was clearly proved that the bins had long been in use, and no witness was called to show that they were defectively constructed, out of repair, or that they might have been improved. The only evidence to show defendants' knowledge of the danger was that of a former employe who testified that it was necessary in working to go on to the sugar, and that it was liable to run iii upon a person thus employed; that it happened twice to him, once the foreman being present. The questions of defendants' negligence and plaint- iff's contributory negligence were submitted to the jurv, who found for the defendants, lIi'ltl.no error for which plaintiff could complain. Bohn v. Havemeyer. 296 2. It seems the evidence was insuffi- cient to justify the submission of the question of defendants' neg- ligence to the jury. la. 3. Plaintiff, a switchman employed in defendant's yard at E., wliile engaged in coupling car...