Kennealy v. Westchester Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Westchester Electric Railway Company, from a judgment of the Supreme'Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 20th day of October, 1902,' upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 28th day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J. :
The plaintiff has recovéred á verdict of $5,000 damages for severe injuries to his arm, caused by coming in contact with a feed wire Upon the defendant’s trolley system while engaged in sandpapering one of the supporting poles, preparatory to painting the same. The plaintiff was employed by a contractor who had entered into' á contract with the defendant to paint- the supporting poles. The measure of the defendant’s obligation to á workman under these circumstances was to use reasonable care for his protection against injury. (Wells v. Brooklyn Heights R. R. Co., 67 App.…
2Cases cited1 opinion
- Wells v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- In re Proving the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1919
- Samuel J. Roth, M. D., P. C. v. Hanover InsuranceSuffolk County District Court · 1984
- Weinfeld v. Riteway Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1931