Gallagher v. McMullin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur McMullin and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 16th day of March, 1896,. upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This is an appeal from a judgment entered upon a verdict in favor of the plaintiff in an action to recover damages for alleged negligence of the defendants or their servants, causing the death of the plaintiff’s intestate. The proof show'ed that the plaintiff’s intestate was engaged at work as a laborer, employed by the defendants, in the interior of a caisson placed in the Harlem river, and that on the 19th day of May, 1895, he .was at work with others in that caisson beneath the bed of the river. During the progress of that work it became necessary to remove by blasting an…
2Cases cited2 opinions
- Chapman v. . McCormickNew York Court of Appeals · 1881
- O'Neil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1891
3Cited by1 opinion
- Astruc v. Star Co.U.S. Circuit Court for the District of Southern New York · 1910