Beauregard v. New York Tunnel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph A. Beauregard, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of April, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Rich, J.:
The defendant was engaged in the construction of a subway under the East river. The plaintiff was one of its employees. A shield was being constructed in the tunnel, composed of several pieces of steel, one of which—the cutting edge or hood — weighing 1,372 pounds, was being raised and put in place when the plaintiff went to work at about eleven o’clock in the evening on the day of. the accident. It was being raised by a manilla rope, one arid one-quar*836ter or one and one-half inches in diameter, attached to the winch or niggerhead of the engine. The edge of this piece of steel caught…
2Cases cited7 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Webber v. . PiperNew York Court of Appeals · 1888
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Henson v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1909
- Pluckham v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by1 opinion
- Di Napoli v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1912