Sherman v. Mason & Hanger Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mason & Hanger Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 5th day of May, 1913, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 7th day of May, 1913, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This is an action by servant against master for negligence, and the master appeals from a judgment entered upon the verdict of the jury in favor of the servant. The defendant used a steel form in its construction of a tunnel. This form rested *328upon wheeled tracks, so that it could be moved from place to place. The traction power consisted of a cable, drawn around a drum by a stationary engine worked by' compressed air furnished by a pipe. As there was danger of interference between the pipe and parts of the steel form when the form was moved, it was necessary for a workman or…
2Cases cited5 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Smith v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1906
- Kujava v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907
- Moore v. CurranMassachusetts Supreme Judicial Court · 1908
3Cited by4 opinions
- Hall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Chiappise v. Frederick L. Cranford, Inc.Appellate Terms of the Supreme Court of New York · 1916
- O'Connor v. James Stewart & Co.New York Supreme Court · 1916
- Tennant v. Farm Bureau Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1955