Wernekoff v. Lincoln Holding Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Nathan Wernekoff against the Lincoln Holding Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiff alleges that defendant was engaged in the construction of a certain building, and that he was employed by the defendant, and injured through defendant’s negligence in having an insecure plank over an opening on the fifth floor of the building. Defendant admits that it was engaged in the construction of the building, but denies specifically that it employed plaintiff, and denies any negligence, but alleges that the injury was caused by either plaintiff’s own negligence or that of some third person. The trial court ruled that the admission in the answer that defendant was engaged in…
2Cases cited3 opinions
- Balmford v. Grand Lodge of the Ancient Order of United WorkmenAppellate Terms of the Supreme Court of New York · 1896
- Brady v. HutkoffThe Superior Court of the City of New York and Buffalo · 1895
- Kelly v. TheissCity of New York Municipal Court · 1898