Eddery v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Interborough Rapid Transit 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 28th day of June, 1911, upon a verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This action is brought by the administrator of a servant against a master for negligence. The defendant worked a railroad elevated upon a structure in the city of New York. About *76211 p. m. of January 7, 1910,. the servant was found dead in the street beneath that fabric. The sole witness of the casualty, a watchman in that street, saw this servant move along the-structure with a lantern, and then step upon a plank, when the plank turned and the servant fell through an opening into the street.
For some months before, and at this time, an independent contractor was lowering the…
2Cited by3 opinions
- Eddery v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Eddery v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Eddery v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1914