Simpson v. . Foundation Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 3, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. On the 27th of June, 1906, the defendant was engaged in constructing the foundation for a large building in lower Manhattan, and the plaintiff was in its employ as the foreman of a gang of eight laborers.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 3, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. On the 27th of June, 1906, the defendant was engaged in constructing the foundation for a large building in lower Manhattan, and the plaintiff was in its employ as the foreman of a gang of eight laborers. An excavation, called by the witnesses the “ pit,” had been made to the depth of thirty feet and a platform erected therein, fifteen feet square and twenty-five feet high, supported by posts.…
1Opinion of the CourtVann, J.
Through undue zeal on the part of the counsel for the plaintiff this case was overtried, and hazardous chances were taken by inviting rulings, which require a reversal of the judgment. We will call attention to a few of the errors, trusting that upon another trial counsel will realize that the true interest oí a client is rarely advanced by a verdict resting on error.
The only specific allegations of negligence set forth in the complaint are that “the defendant operated a derrick and bucket which swung, raised and lowered in and about said premises and, in utter disregard of its duty to the…
2Cases cited42 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
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3Cited by92 opinions
- Leotta v. PlessingerNew York Court of Appeals · 1960
- Rupert v. SellersAppellate Division of the Supreme Court of the State of New York · 1975
- Brown v. WalterCourt of Appeals for the Second Circuit · 1933
- Joe W. Collins, as Committee for Travious Riddle Collins, Incompetent v. American Automobile Insurance Company of St. Louis, MissouriCourt of Appeals for the Second Circuit · 1956
- Oltarsh v. Aetna InsuranceNew York Court of Appeals · 1965
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