Legal Opinion

Rook v. New Jersey & Pennsylvania Concentrating Works

New York Supreme Court

Decided February 12, 1894PublishedCited by 3 opinions

Appeal from circuit court, Orange county. Action by William Eook against the New Jersey & Pennsylvania Concentrating Works to recover $25,000 damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in improperly constructing a building known as “Stock House No. 3,” at Edison, N. J. From a judgment entered on a verdict in favor of plaintiff for $4,000, and from an order denying a motion for a new trial made on the minutes,…

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Appeal from circuit court, Orange county. Action by William Eook against the New Jersey & Pennsylvania Concentrating Works to recover $25,000 damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in improperly constructing a building known as “Stock House No. 3,” at Edison, N. J. From a judgment entered on a verdict in favor of plaintiff for $4,000, and from an order denying a motion for a new trial made on the minutes, defendant appeals. Affirmed.

1Opinion of the CourtPeatt, J.

We think the circuit judge ruled correctly on all points, and that no error of law was committed. The point made by defendant that the building was being erected by an independent contractor, and that he only should be held responsible, cannot be available upon the facts shown. The plaintiff was not in the service of the contractor, but of defendant. The contractor, being short of laborers, “borrowed” from defendant a gang of men, among whom was the plaintiff. Under the orders of defendant’s foreman, he was put into a dangerous place, where he received his injuries. Upon the facts, he could…

2Cited by3 opinions

  1. The MagdalineDistrict Court, E.D. New York · 1898
  2. Grasso v. The LisnacrieveDistrict Court, E.D. New York · 1898
  3. Toledo Brewing & Malting Co. v. BoschCourt of Appeals for the Sixth Circuit · 1900

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