O'Connor v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thompson W. Miller and another, copartners, etc., from a judgment-of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of said county on the 6th day of January, 1909, upon the verdict of a jury for $350, and also from an order entered in said clerk’s office on the 8th day of January, 1909, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff has recovered a small judgment for injuries sustained while working for the defendants in a stone yard. He was *316holding a drill which was being inserted in a large piece of stone and which was being struck by hammers in the hands of two other employees. It appears that the handle of one of the hammers which had been in use in the yard for some considerable time was not wedged into the. head of the hammer, and that in consequence the head left the handle and struck him on the head. There was some slight evidence to indicate constructive notice of the condition of…
2Cases cited1 opinion
- Riggs v. RyanAppellate Division of the Supreme Court of the State of New York · 1907