Galle v. Dunn
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Guiseppe Galle against Bart Dunn. From a judgment entered upon a verdict for the plaintiff, defendant appeals.
1Opinion of the CourtHendrick, J.
Plaintiff gave evidence tending to show that, while plaintiff’s fellow workman was pounding a chisel held by plaintiff, the head of the hammer flew off and broke his arm. Defendant’s claim is that the fellow workman missed his aim and struck plaintiff’s arm, instead of the chisel. Plaintiff claims that the hammer was the only one accessible adapted to that particular work. Defendant claims that there were several from which plaintiff or his fellow 'workman selected the one used. The evidence also conflicts as to whether the foreman was the alter ego of defendant, who was not present. These…
2Cases cited4 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kellogg v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911