Finn v. . Cassidy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1899, affirming a judgment i.i favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1899, affirming a judgment i.i favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to admit the expert evidence introduced by the plaintiff as to the proper method of constructing a hole for the purpose of underpinning'the foundation of the chimney, and as to the proper method of shoring or bracing it. The defendants’ objections to that…
1Opinion of the CourtO’Brien, J.
The jury rendered a verdict of three thousand dollars for the plaintiff as compensation for the injury received on the twenty-fifth day of September, 1894, while in the defendants’ service. At that time the defendants, who were general contractors, were engaged in preparing the foundation for a building to be used as a power house by the Albany city water works. It seems that it was necessary, in order to get a proper foundation, to excavate a trench to the depth of about thirty-one feet below the surface of the ground. This trench was not only of the depth stated but very wide, and it became…
2Cases cited14 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Friedman v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Simone v. . KirkNew York Court of Appeals · 1902
- Jenks v. . ThompsonNew York Court of Appeals · 1904
22 more not listed; retrieve them via the Exa API.