Anderson v. McMullen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur McMullen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of April, 1910, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the’31st day of March, 1910, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The defendant McMullen appeals from ajjudgment in an action for personal injury in consequence of the alleged negligence of the defendants, . and from an order denying his motion for a new trial. The defendant gave no evidence, and the judgment rests on the uncontradicted testimony of plaintiff ..and his witnesses.
The defendants afe contractors, engaged in work on the Pennsylvania railroad. The plaintiff was in their employ. At the place of the accident two excavations, each one hundred feet long, from twenty-five to thirty, feet wide, tapering to'a' width of about ten feet at the…
2Cases cited5 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Freemont v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Johnson v. Terry & Tech Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Freemont v. . Boston and Maine RailroadNew York Court of Appeals · 1907
- Kascsak v. Central Railroad Co. of New JerseyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Employers' Liability Assurance Corp. v. Empire City Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1959