McDonald v. Degnon-McLean Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Degnon-McLean Contracting Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 28th day of March, 1906, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 19th day of March, 1906, denying the defendants’ . ■motions for a new trial made upon the minutes, and granting the plaintiff an extra allowance.
1Opinion of the Court
Scott, J.:
This is an appeal by both defendants from a judgment for plaintiff upon a verdict in his favor in an action for personal injuries, and from an order denying a motion to set aside the verdict and for a new trial.
The defendant construction company was engaged, and had been for some time engaged, in constructing a subway through Forty-second street in the city of Mew York under what is known as the Bapid Transit Act (Laws of 1891, chap. 4, as amd.). The accident occurred on December 12,1902, at about half-past five o’clock in the evening, when it had grown fairly dark. The subway ran…
2Cases cited1 opinion
- Derby v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Imogene Driver v. Worth Construction Co.Texas Supreme Court · 1954
- City of Amarillo v. RustCourt of Appeals of Texas · 1932
- Swift v. City of New YorkNew York Court of Appeals · 1936
- Cleveland Railway Co. v. RanftOhio Court of Appeals · 1920
- Imogene Driver v. Worth Construction Co.Texas Supreme Court · 1954
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