Mekki v. Holbrook, Cabot & Rollins Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Holbrook, Cabot & Rollins Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of January, 1915, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 20th day of January, 1915, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Holbrook, Cabot & Rollins Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of January, 1915, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 20th day of January, 1915, denying defendant’s motion for a new trial made upon the minutes. Defendant further appeals from an order entered in said clerk’s office on the 31st day of December, 1914, denying its motion to preclude plaintiff from giving certain evidence upon the…
1Opinion of the Court
Clarke, J.:
The defendant had a contract for the construction of the Catskill aqueduct. At Sixth street and Third avenue the tunnel was over 700 feet below the surface. The work was carried on night and day by three shifts working eight hours each. The plaintiff was a mucker engaged in shoveling the blasted rock into cars. He had been on this job more than two weeks. His hours were from eight in the morning to four in the afternoon. On the day before the accident the defendant removed certain timbering which had been in place for some time. This timbering consisted of three frames, called…
2Cases cited2 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Bitolio v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1915