Hennessy v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Yew York, entered in favor of the plaintiff upon the verdict of a jury, and from an order denying the defendant’s motion for a new trial.
1Opinion of the CourtGreenbaum, J.
The plaintiff, an employee of a contracting company which was engaged in excavating, for the new subway at Longacre square, between ' Forty-third and Forty-fourth streets, in the -city of Yew York, a trench running parallel with and east of the north-bound track of the defendant, was assisting in the erection of a fence, along the side of the trench, distant about thirty inches east of said north-bound .track.
The place where the plaintiff was working was obviously dangerous, as it appeared that the overhang of the defendant’s car was about fifteen inches, leaving a space between the fence and…
2Cases cited5 opinions
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- O'Connor v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Lyons v. AvisAppellate Division of the Supreme Court of the State of New York · 1896
- Bengivenga v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900