Bertolami v. United Enginering & Contracting Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The notice was sufficient, because it stated the cause of the injury, to wit, the falling upon decedent of large quantities of rock and earth. (L. 1902, ch. 600, § 2; Tobasco v. M. N. F. Co, 127 App. Div. 677; O'Donnell v. Parker, 109 N. Y.…
1Opinion of the CourtHiscock, J.
While plaintiff’s intestate was at work for the defendant in the construction of the Pennsylvania terminal tunnel in New York city a mass of rock and dirt fell upon him and killed him. It was found upon the trial and has been assumed upon this appeal that the accident was the result of negligence on the part of an employee charged with duties of superintendence in not properly shoring up that portion of the tunnel. The action was brought under the Employers’ Liability Act and the judgment recovered has been reversed solely on the ground that the notice served by plaintiff in accordance with…
2Cases cited6 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Barry v. Derby Desk Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bovi v. HessAppellate Division of the Supreme Court of the State of New York · 1908
- Glynn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Galino v. Fleischmann Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hurley v. . OlcottNew York Court of Appeals · 1910
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Martin v. Walker & Williams Manufacturing Co.New York Court of Appeals · 1910
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
- Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910
11 more not listed; retrieve them via the Exa API.