Legal Opinion

Gavin v. New York Contracting Co.

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

Decided December 6, 1907PublishedCited by 11 opinions

Appeal by the defendant, the New York Contracting Company — Bennsylyania Terminal, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of August, 1907, directing the defendant, through its secretary, to answer certain questions propounded upon an examination before trial.

1Opinion of the Court

Houghton, J.:

The action is to recover damages by an employee for personal injuries .claimed to have been received through defendant’s negligence.

The negligence charged against defendant by the plaintiff in his complaint is that it failed to furnish him a safe place in which to work; in that its locomotive engine, tracks, roadbed and embankments were not in proper condition, and that it failed to employ competent fellow workmen ; and that it failed to adopt proper rules for the guidance of its workmen; and further that some person exercising acts of superintendence was guilty of negligence.

The…

2Cases cited1 opinion

  1. Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907

3Cited by11 opinions

  1. Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
  2. Hoffman v. Ro-San ManorAppellate Division of the Supreme Court of the State of New York · 1980
  3. Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1913
  4. Hartley v. RingNew York Supreme Court · 1969
  5. Kosiur v. Standard-North Buffalo Foundries, Inc.Appellate Division of the Supreme Court of the State of New York · 1938

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API