Ross v. Rodgers & Hagerty, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rodgers & Hagerty, Inc., 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 18th day of May, 1915, upon the verdict of a jury for $1,140, 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.
1Opinion of the Court
Jenks, P. J.:
This is an action for negligence brought by servant against master. The defendant, in construction of a sewer, was working trains of cars to carry and to discharge loads of sand and gravel. The plaintiff was one of a gang whose duties included this “ dump ” work. On the day in question he had been told off with a companion by Richards, the foreman, to unhook each of the first four cars of a train, so that the car could dump its contents to the left side of a trestle. Naturally the plaintiff stood at the right side. The plaintiff had unhooked the first car and it had dumped its…
2Cases cited1 opinion
- Ramsay v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1911