New York Court of Appeals, 1895

Burns v. . Matthews

Burns v. . Matthews
New York Court of Appeals · Decided May 21, 1895 · Haight
42 N.E. 543; 146 N.Y. 386; 1895 N.Y. LEXIS 708 (North Eastern Reporter)

Counsel

S. Mack Smith for appellant. Edmund O'Connor for respondent.

Burns v. . Matthews

Opinion of the Court

Haight, J.,

reads for affirmance.

All concur, except Bartlett, J., who dissents on the ground that Pethcal, the foreman, represented the defendant, the master, in such duties as the latter owed deceased for his safety and protection; that there was a conflict of evidence as tó whether the master discharged those duties and the plaintiff was entitled to go to the jury.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.