Boyle v. Degnon-McLean Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Degnon-McLean Oonstructio'n Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of June, 1899, upon the verdict" of a jury for $7,500, and also from an order entered in said clerk’s office on the 19th day of July, 1899, denying the defendant’s motion for a new trial made upon the minutes. "
1Opinion of the Court
Willard Bartlett,. J. :
There is no difficulty whatever in sustaining the finding that the-defendant corporation was negligent. It provided its servant with, a place in which to do his work, which was not merely unsafe, but-which was extremely dangerous. This was- an elevated trestle, in., the upper surface of which was a hole about seven feet long by four feet in width, and distant- not more than seven feet from that portion' of the structure upon which the deceased was engaged in loading lumber on a car. The existence of such an aperture-through which a fall might prove fatal (as it actually…
2Cases cited5 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Noble v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1899
- Greene v. MayorNew York Court of Appeals · 1875
- Horton v. Vulcan Iron Works Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Kane v. WhitakerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- Crawford v. Duluth, Missabe & Iron Range Railway Co.Supreme Court of Minnesota · 1945
- Brown v. Associated Operating Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Morrissey v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
- Gille v. StateNew York Court of Claims · 1949
- Thompson v. Levering & GarriguesAppellate Division of the Supreme Court of the State of New York · 1913
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