Carr v. Degnon Contracting Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtScott, J.
In my opinion, the plaintiff should have been nonsuited upon his own testimony. The action is for damages alleged to have resulted from defendant’s negligence. The defendant was a contractor engaged in building a portion of the subway in this city. At Broadway and Wall street, a station was constructed which necessitated excavating under the sidewalk. The defendant replaced, temporarily the sidewalk by erecting a structure of planks. The planks were laid in two layers, the top of the lower one being flush with the adjoining stone sidewalk. The upper layer of *532planks projected above the stone…
2Cases cited6 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- O'Reilly v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Corson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
- Barker v. City of Santa FeNew Mexico Supreme Court · 1943
- Schmidt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Fithian v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Newman v. Bradley Contracting Co.Appellate Terms of the Supreme Court of New York · 1917
- McHugh v. Consolidated Gas Light Co.City of New York Municipal Court · 1914