Harkins v. Sizer Forge Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sizer Forge Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th day of September, 1919, granting a new trial on the ground of newly-discovered evidence. .
1Opinion of the Court
Clark, J.:
Plaintiff’s intestate was killed while engaged as a lineman fastening a telephone wire at the top of a steel column in the building belonging to the defendant. He was not an employee of defendant, but of the Bell Telephone Company.
This action was originally tried in October, 1917, and resulted in a verdict in favor of the plaintiff. On appeal to the Appellate Division the judgment and order were reversed and the complaint was dismissed on the ground that no actionable negligence had been established. (Harkins v. Sizer Forge Company, 186 App. Div. 937.) Plaintiff carried the case to…
2Cases cited2 opinions
- Biddescomb v. CameronAppellate Division of the Supreme Court of the State of New York · 1901
- Harkins v. Sizer Forge Co.Appellate Division of the Supreme Court of the State of New York · 1918