Fitzgerald v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Egbert D. Fitzgerald, an infant, by Mary Josephine Higgins, as guardian ad litem, against John O. Rodgers. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPatterson, J.
This action, was brought to recover damages for injuries sustained by the infant plaintiff under the following circumstances: The defendant was a contractor employed by the city of New York to construct a sewer in Longwood avenue, a highway projected, but not completed, in the extreme northern part of the city of New York. In excavating a trench in which the sewer was *947to be laid, the defendant made use of a machine or apparatus known as a “winch,” by which fragments of stone were lifted from the excavation to the surface of the land. This apparatus consisted of a framework in which was a…
2Cases cited3 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Gay v. Essex Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1893
3Cited by2 opinions
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Rose v. HabenstreitOhio Court of Appeals · 1917