Gallo v. Dunn
New York Supreme Court
Appeal by the defendant from a judgment of the City Court of the city of ¡New York, entered in favor of the plaintiff upon a verdict rendered by a jury, and also from an order denying a motion for a new trial.
1Opinion of the CourtHendrick, J.
Plaintiff gave evidence tending to show that, while plaintiff’s fellow workman was pounding a chisel held by plaintiff, the head of the hammer flew off and broke his arm. ¡Defendant’s claim is that the fellow workman missed his aim and struck plaintiff’s arm instead of the chisel. Plaintiff claims that the hammer was the only one accessible adapted to that particular work. ¡Defendant claims that there were several from which plaintiff or his fellow workman selected the one used. The evidence also conflicts as to whether the foreman was the alter ego of defendant, who was not present.
These…
2Cases cited3 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kellogg v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1907