Citrone v. O'Rourke Engineering Construction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13,. 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and tlm facts, so far as material, are stated in the opinion. The plaintiff and members of ‘his gang were engaged in the construction of the trench at the time of the accident.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13,. 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and tlm facts, so far as material, are stated in the opinion. The plaintiff and members of ‘his gang were engaged in the construction of the trench at the time of the accident. Therefore the trench was not a place to work furnished by the defendant, and the complaint should have been dismissed. (Hogan v. Smith, 125 N. Y. 774;…
1Opinion of the CourtWillard Bartlett, J.
The judgment which comes before us for review on this appeal is based upon the alleged negligence of the defendant corporation in failing to provide the plaintiff, who was' a laborer in its service, with a reasonably safe place wherein to do the work which he was employed to perform. That work, considered as a whole, was the construction of a trench through earth and rock in the city of New York. It was prosecuted first by blasting and secondly by the removal of the blasted material. The plaintiff does not appear to have had anything to do with the blasting, but he and the gang of workmen to…
2Cases cited8 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Murphy v. . Boston and Albany Railroad Co.New York Court of Appeals · 1882
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Employers Mutual Liability Insurance Co. of Wisconsin v. Di Cesare & Monaco Concrete Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Cincinnati, N. O. & T. P. Ry. Co. v. HallCourt of Appeals for the Sixth Circuit · 1917
- Maguire v. . BarrettNew York Court of Appeals · 1918
42 more not listed; retrieve them via the Exa API.