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Abel v. President of the Delaware & Hudson Canal Co.

Court of Appeals of the State of New York
Oct 27, 1891
128 N.Y. 662 (N.Y. 1891)

Summary

In Abel v. Delaware Hudson Canal Co., 128 N.Y. 664, the Court says: "The rule that the servant takes the risk of the business is subject to the qualification that the master must exercise reasonable care to guard the servant while engaged in his duties, from unnecessary hazards, including hazards from negligence of co-employees.

Summary of this case from Maryland Clay Co. v. Goodnow

Opinion

Argued June 2, 1891

Decided October 27, 1891

Edwin Young for appellant.

Jesse S. L'Amoreaux and Nathaniel C. Moak for respondent.



ANDREWS, J., reads for affirmance.

All concur, except EARL and GRAY, JJ., who dissent on the ground of error in charge, and PECKHAM, J., not sitting.

Judgment affirmed.


Summaries of

Abel v. President of the Delaware & Hudson Canal Co.

Court of Appeals of the State of New York
Oct 27, 1891
128 N.Y. 662 (N.Y. 1891)

In Abel v. Delaware Hudson Canal Co., 128 N.Y. 664, the Court says: "The rule that the servant takes the risk of the business is subject to the qualification that the master must exercise reasonable care to guard the servant while engaged in his duties, from unnecessary hazards, including hazards from negligence of co-employees.

Summary of this case from Maryland Clay Co. v. Goodnow
Case details for

Abel v. President of the Delaware & Hudson Canal Co.

Case Details

Full title:AGNES E. ABEL, as Executrix, etc., Respondent, v . THE PRESIDENT, MANAGERS…

Court:Court of Appeals of the State of New York

Date published: Oct 27, 1891

Citations

128 N.Y. 662 (N.Y. 1891)
28 N.E. 663

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