Legal Opinion

Banchetti v. Gorsline & Swan Construction Co.

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

Decided July 9, 1912PublishedCited by 1 opinion

Motion by the plaintiff, Giovanni Banchetti, as administrator, etc., for a new trial upon a case containing exceptions ordered to be heard in the Appellate Division in the first instance upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial before the court and jury at the Monroe Trial Term in April, 1911. The action was commenced on the 13th day of January, 1910, to recover damages resulting from the death of plaintiff’s…

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Motion by the plaintiff, Giovanni Banchetti, as administrator, etc., for a new trial upon a case containing exceptions ordered to be heard in the Appellate Division in the first instance upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial before the court and jury at the Monroe Trial Term in April, 1911. The action was commenced on the 13th day of January, 1910, to recover damages resulting from the death of plaintiff’s intestate which occurred on the 28th day of August, 1909, while in defendant’s employ, engaged with other employees in…

1Opinion of the Court

McLennan, P. J.:

The defendant is a domestic corporation and at the time of the accident which is the subject of this litigation was engaged in building a stone tower or steeple upon St. Joseph’s Church on Franklin street in the city of Rochester, N. T. Franklin street extends east and west and the church in question is located on the northerly side of such street facing to the south. The tower was being erected on the easterly side of the church. It was about twenty feet square and was being built of heavy stones, some of them weighing between 750 and 800 pounds. At the time of the accident…

2Cases cited1 opinion

  1. Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892

3Cited by1 opinion

  1. Nowak v. Delaney Forge & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1913

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