Legal Opinion

Kiernan v. Eidlitz

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

Decided October 19, 1906PublishedCited by 3 opinions

Appeal by the defendants, Otto M. Eidlitz and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of March, 1906, upon the verdict of a jury for $6,250, and also from an order entered in said clerk’s office on the 9 th day .of March, 1906, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Clarke, J.:

This is aft action to recover damages for the- death of the plaintiff’s intestate because of injuries alleged to have been sustained through the negligence of the defendants. The defendants had the contract to do the mason work ift the erection of a building in the city of New York. Others had contracted to-do the carpenter work and plastering. Plaintiff’s intestate was a helper to defendants’ masons. There was an elevator shaft in -the building in which was an elevator used by defendants for the purpose of lifting mate*142rials used by them in the construction of the 'building.…

2Cases cited6 opinions

  1. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  2. Murray v. . DwightNew York Court of Appeals · 1900
  3. Drake v. Auburn City Railway Co.New York Court of Appeals · 1903
  4. Reilly v. . Troy Brick CompanyNew York Court of Appeals · 1906
  5. Vaughn v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ortolano v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. Kellogg v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Carey v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

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