Phœnix Bridge Co. v. Creem
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by the Phoenix Bridge Company against Daniel J. Creem and another. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Affirmed.
1Opinion of the CourtHirschberg, P. J.
On March 5, 1896, the plaintiff contracted with the Brooklyn & Brighton Beach Railroad Company for the building of an extension of the latter’s elevated railroad which involved the excavation of holes and the construction of foundations for the superstructure in Bergen street of the then city of Brooklyn. Thereafter the work of excavating and building the foundations was subcontracted to and performed by the defendants, the plaintiff taking no personal part in it. During the progress of the work the defendants negligently left upon the sidewalk of Bergen street, in the nighttime, unlighted…
2Cases cited4 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
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- San Francisco Unified School District v. California Building Maintenance Co.California Court of Appeal · 1958
- Prince v. Pacific Gas & Electric Co.California Supreme Court · 2009
- United States Fidelity & Guaranty Co. v. Virginia Engineering Co., IncCourt of Appeals for the Fourth Circuit · 1954
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