Schultz v. Barber Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Barber Asphalt Paving Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of said county on the 13th day of November, 1907, upon'the verdict of a jury for $275, and also from an order entered in said clerk’s office on the 1st day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
In this action, which is brought to recover for personal injuries alleged to have been sustained through the negligence of the^defend- ‘ *306ant, the sole allegation of the cbmplaint as to such negligence is:' “ VI. That while this plaintiff was so engaged, the defendant, its agents, servants or employees so negligently and carelessly operated said hoisting apparatus that, without fault or negligence on his part; this plaintiff was struck upon the head and back- by large and heavy falling chunks, or blocks, or portions of asphalt.”
■The plaintiff was working in the hold of a vessel…
2Cases cited3 opinions
- Getty v. Town of HamlinNew York Court of Appeals · 1891
- Mackey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Burns v. CrowAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Schultz v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1910