Vitto v. Farley
New York Court of Common Pleas
Action by Giacomino Vitto against Patrick Parley to recover damages for the loss of a hand occasioned by the explosion of a charge which he was attempting to extract from a rock. A verdict was rendered in favor of plaintiff, and defendant moves for a new trial.
1Opinion of the CourtDaly, C. J.
The plaintiff recovered a verdict of §750 for the loss of a hand occasioned by the explosion of a charge of gunpowder and dynamite which he was engaged in extracting from a hole drilled in a rock after the charge had failed to explode. He was a laborer who had been, for two months prior to the accident, employed to break stones and drill holes by the defendant, a contract- or engaged in the business of excavating and blasting rock, in which gunpowder and dynamite were used, and had been, for some years before the accident, which took place in January, 1892, at Seventy-Third street, between…
2Cases cited4 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Crown v. . OrrNew York Court of Appeals · 1893
- Spelman v. Fisher Iron Co.New York Supreme Court · 1870
- Lofrano v. New York & Mountain Vernon Water Co.New York Supreme Court · 1890
3Cited by2 opinions
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915