Legal Opinion

Duffy v. Williams

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1902PublishedCited by 1 opinion

Appeal by the plaintiff, James Duffy, from a judgment of the Supreme Court in favor of the defendants Shipway, entered in the office of the clerk of the county of New York on the 10th day of December, 1900, upon the dismissal of the complaint as to such defendants, by direction of the court, after a trial'at the New York Trial Term, and also from an order entered in said clerk’s office on the 21th day of November, 1900, denying the plaintiff’s motion for a new trial made…

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Appeal by the plaintiff, James Duffy, from a judgment of the Supreme Court in favor of the defendants Shipway, entered in the office of the clerk of the county of New York on the 10th day of December, 1900, upon the dismissal of the complaint as to such defendants, by direction of the court, after a trial'at the New York Trial Term, and also from an order entered in said clerk’s office on the 21th day of November, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. The plaintiff also appealed from a judgment dismissing the complaint as to the defendant Williams, but…

1Opinion of the Court

Ingraham, J.:

The plaintiff was employed as a marble cutter’s helper by the defendants Shipway, who were importers and manufacturers of *111interior marble work and were engaged in the construction of a building owned by the defendant Williams on the corner of Broadway and White street in the city of New York. He was sent to this building and directed to report to one McNulty, who was in the employ of the defendants Shipway as a marble cutter, charged with the direction of their workmen at the building in the absence of the foreman. The building, which was eleven stories high, was in course of…

2Cited by1 opinion

  1. Bohnhoff v. FischerAppellate Division of the Supreme Court of the State of New York · 1912

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