Kelly v. Dykes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Francis Dykes and others, personally and as trustees, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of October, 1915, upon the verdict of a jury for §5,250, and also from an order entered in said clerk’s office on the same day denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is for damages for negligence. The defendants had contracted to erect the steel work for a new building, and plaintiff, who had had a long experience as a steel and iron-worker, was in their employ. In the course of the work defendants used a derrick consisting of an upright mast and a swinging boom. The mast was upheld by guy ropes, one of which led to and was carried around a brick pier consisting of a part of an old wall. As the work progressed it became necessary to shift this guy, and plaintiff and another man were directed by the foreman to remove the guy from the…
2Cases cited3 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- Rosenstein v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Jones v. JonesNew York Supreme Court · 1955