Schmit v. Gillen
Appellate Division of the Supreme Court of the State of New York
Appeal by James F. Gillen, the defendant in each of the above-entitled actions, from judgments of the Supreme Court in favor of the plaintiffs in each of said actions, entered in the office of the clerk of the county of Queens on the 24th day of October, 1898, upon verdicts of a jury, both eases being tried together, and also from orders made in each of said actions and entered in said clerk’s office on the 24th day of October, 1898, denying the defendant’s motions for a new…
Read the full summary
Appeal by James F. Gillen, the defendant in each of the above-entitled actions, from judgments of the Supreme Court in favor of the plaintiffs in each of said actions, entered in the office of the clerk of the county of Queens on the 24th day of October, 1898, upon verdicts of a jury, both eases being tried together, and also from orders made in each of said actions and entered in said clerk’s office on the 24th day of October, 1898, denying the defendant’s motions for a new trial made upon the minutes. , .
1Opinion of the Court
Willard Bartlett, J.:
The plaintiffs have recovered damages against the defendant for personal injuries sustained by them while engaged as laborers in his employ in the work of laying pipe along the bottom of a sewer trench in the village of Jamaica.
The defendant was a general contractor, who had undertaken the construction of a system of village sewers. It was his duty to exercise reasonable care to make the trench where the plaintiffs were injured a safe place for them to work in while laying the sewer pipe, which they were directed to place in position therein. (Kranz v. L. I. R. Co., 123…
2Cases cited2 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Doyle v. BairdNew York Court of Common Pleas · 1889
3Cited by9 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Kerker ex rel. Kerker v. Bettendorf Metal Wheel Co.Supreme Court of Iowa · 1908
- Brady v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Flanagan v. F. W. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Golesh v. Utah Apex Mining Co.Utah Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.