Haskins v. Stewart
New York Supreme Court
Appeal from Westchester county court. Action by Mary Haskins, as administrator of her husband, Beuben Has-kins, against James Stewart and George Stewart, to recover damages for the death of intestate alleged to have been caused by the negligence of defendants. There was a verdict for plaintiff for $5,000. From'the judgment entered thereon defendants appeal.
1Opinion of the CourtBarnard, P. J.
The case does not show that the defendants were guilty of actionable negligence. They were contractors for the building of a sewer in Yonkers. The plaintiff’s intestate was an employe of the defendants in the construction of the work. The sewer excavation at the place of the accident which caused the intestate’s death was a little short of 16 feet in depth, and 5 feet wide at the top. The excavation was protected by planks placed upright against the side. There were placed cross-pieces 4 feet apart between the planks. The upright planks were placed at a distance of 8 feet from each other.…
2Cases cited1 opinion
- Burke v. . WitherbeeNew York Court of Appeals · 1885
3Cited by2 opinions
- Warner v. SpaldingSupreme Court of Iowa · 1919
- Mickee v. Walter A. Wood Mowing & Reaping Machine Co.New York Supreme Court · 1893