Clancy v. Guaranty Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Guaranty Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 22d day of April, 1897, upon- the verdict of a jury, for $12,500, and also from an order entered in said clerk’s office on the 8th day of September, .1897, denying the defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, The Guaranty Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 22d day of April, 1897, upon- the verdict of a jury, for $12,500, and also from an order entered in said clerk’s office on the 8th day of September, .1897, denying the defendant’s motion for a new trial made upon a case containing exceptions. The action was brought to recover damages for personal injuries caused by the defendant’s'alleged negligence. . On the 7th of August, 1895, the defendant was engaged in…
1Opinion of the Court
Per Curiam :
The negligence alleged against the defendant is that it failed to provide a safe place for its employees to work in, and that it was negligent in not notifying the plaintiff of the place of elevators and *358the danger in approaching them, and in not providing guards or railings about the elevators so as to prevent such consequences as-followed to the plaintiff.
The rule thus invoked does not apply to this case. The work in which the plaintiff was engaged was evidently hazardous; the place where .he was working was in process of construction ; it was incomplete at the time of the…
2Cases cited2 opinions
- Kennedy v. Manhattan Railway Co.New York Court of Appeals · 1895
- Sharpsteen v. SaltAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Clancy v. Guaranty Const. Co.Appellate Division of the Supreme Court of the State of New York · 1898