Carey v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, John Carey, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Rew York on the 24th day of April, 1906, which order reversed a judgment of the City Court of the city of New Torlt in. favor of the plaintiff, entered in the office of the clerk of said court on the 1-ftli day of November^ 1905, upon the verdict of a jury for $700, and an order of said City Court entered' on the 15th day of…
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Appeal, by the plaintiff, John Carey, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Rew York on the 24th day of April, 1906, which order reversed a judgment of the City Court of the city of New Torlt in. favor of the plaintiff, entered in the office of the clerk of said court on the 1-ftli day of November^ 1905, upon the verdict of a jury for $700, and an order of said City Court entered' on the 15th day of November, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The plaintiff was in the employ of defendant as an iron worker • on its elevated structure, and on the day of the accident from which he suffered injuries, was one of a gang engaged in drilling holes directly under the top girder of the track. A foreman had previously marked the places at which the holes were to he drilled. The plaintiff had been engaged in similar work in the immediate neighborhood for several days, and for about nine months had been engaged'in doing similar work, on various parts .of defendant’s structure, during which time the road had been operated electrically…
2Cases cited2 opinions
- Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
- Carey v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1906