Legal Opinion

Rice v. H. P. Cummings Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1915PublishedCited by 5 opinions

Appeal by the defendant, H. P. Cummings Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 1st day of June, 1915, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 3d day of June, 1915, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Howard, J.:

The plaintiff’s intestate was killed while engaged in the erection of a concrete dam across the Hudson river at Corinth, N. T. In the prosecution of the work in question a wide, substantial trestle like a highway bridge had been built across the Hudson at this place, from which concrete was poured to create the dam. Upstream from the main thoroughfare, so to speak, was built a temporary platform over each arch to he poured. Very soon after an arch was poured, this temporary platform in each instance was removed. The deceased was a carpenter engaged generally in constructing and…

2Cases cited3 opinions

  1. Ridgely v. Talbot J. Taylor & Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Meinrenken v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  3. Coffin v. TevisAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by5 opinions

  1. Ex Parte Majestic Coal Co.Supreme Court of Alabama · 1922
  2. McMahon v. 42nd St. Development Project, Inc.New York Supreme Court · 2001
  3. Alderman v. StateNew York Court of Claims · 1988
  4. Rakov v. Bankers Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1916
  5. Warnecke v. New York City Housing AuthorityNew York Supreme Court · 1959

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