Jennings v. Degnon Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Degnon Contracting Company, 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 3d day of February, 1914, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 4th day of February, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The' plaintiff, an employee of the defendant, while engaged with other employees in moving an iron girder, about forty - five feet in length, four feet in width, and weighing between six and eight tons, to an opening in the sidewalk preparatory to its being lowered into the subway, sustained personal injuries. He brought this action to recover on the ground that the same were caused by the negligence of the defendant.
There is a conflict in the evidence as to just how the girder rested immediately prior to the accident, but in view of the conclusion at which I have arrived this…
2Cases cited2 opinions
- Ives v. . EllisNew York Court of Appeals · 1901
- Muench v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- Hawn v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1916
- Goldstein v. CornwallAppellate Division of the Supreme Court of the State of New York · 1926
- Mullen v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1928