Smith v. Winston

Headnote

Smith v. Winston, 165 App. Div. 938 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18,. 1914, affirming a judgment in favor of plaintiffs .entered upon a verdict in an action to recover for the death of plaintiffs’ intestate alleged to have been occasioned through the negligence of the defendants, his employers. Plaintiffs alleged that the accident occurred through the negligence of the defendants, their superintendent, foreman and those charged with the duty of supervising the work in which and the place of work where the said intestate was engaged by the express command and direction of the defendants’ foreman, and through the failure and neglect of the

defendants to make, promulgate and enforce suitable, proper and reasonable rules and regulations for the protection of plaintiffs’ intestate in the work at which he was engaged at the time of his death, and through the failure and neglect of the defendants to guard and keep reasonably safe the place where he was working under certain cars upon a siding at the time of receiving the injuries from which he died. The defense was that the proximate cause of the death of the plaintiffs’ intestate was his own negligence; that he had full knowledge of the character, condition and surroundings of his work; that the defendants furnished him with a reasonably safe place in which to work, and reasonably safeguarded him in his work.