Comiskey v. Winston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James 0. Winston and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 12th day of March, 1913, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes. This appeal was transferred to' the Second Department from the Third Department.
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Appeal by the defendants, James 0. Winston and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 12th day of March, 1913, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes. This appeal was transferred to' the Second Department from the Third Department. (See 176 App. Div. 923.)
1Opinion of the Court
Stapleton, J.:
The plaintiff, an employee of the defendants, was injured, and, alleging that their negligence was the cause of the injury, he sued them and recovered damages. They appeal.
The defendants were engaged in constructing the main dam of the Ashokan reservoir, a public work in development of the water supply system of the city of New York. The plaintiff was a member of the general utility gang, but at the time of his injury his special employment was at a dump hoist, located about thirty or thirty-five feet distant from a *252cableway engine. The cableway engine was housed. Into that…
2Cases cited2 opinions
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- O'Connor v. WebberAppellate Division of the Supreme Court of the State of New York · 1914