Marion v. B. G. Coon Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the B. Gr. Coon Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county, of Tompkins on the 14th day of December, 1911, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 11th day of January, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The defendant was a contractor building a dam across Six Mile creek near the city of Ithaca. On one side of the creek it had erected a derrick used to raise and lower materials; on the other side it had stationed an engine used to operate the derrick. When the boom, a timber forty-six feet long which is a part of the derrick apparatus, was down horizontal, the cable which operated it was unwound so that only three or four wraps remained around the drum. The cable was not fastened to the drum for the purpose of holding it, but only to keep it from whipping. Friction was depended…
2Cases cited2 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Hammond v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by6 opinions
- San Antonio & A. P. Ry. Co. v. StuartCourt of Appeals of Texas · 1915
- Burrowes v. SkibbeOregon Supreme Court · 1934
- Neill v. Fidelity Mutual Life InsuranceWest Virginia Supreme Court · 1938
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Boyles v. BlankenhornAppellate Division of the Supreme Court of the State of New York · 1915
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