Bardelli v. Pittsburg Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pittsburg Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 12th. day of December, 1913, upon the verdict of a jury for $16,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The testimony amply shows that the defendant, through its superintendent, knew of the unsafe conditions from this rock *46overhanging the tunnel for several days, and imperiling the men having to pass under it. It is not merely a presumption arising from the fact that this rock remained unsupported while it was being loosened as the blasts continued, but because of actual warnings and notifications by the men who. worked there, confirmed by the city engineer.
The matter of contributory negligence was submitted to the jury. The testimony raised an issue whether scaling was any part of plaintiff’s…
2Cases cited7 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Lockwood v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Harrison v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1904
- Stevens v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by1 opinion
- Mathushek & Son Piano Co. v. WeldAppellate Terms of the Supreme Court of New York · 1916