Heilig v. Burns
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, William J. Burns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 31st day of October, 1908, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 29th day of October, 1908, denying the said defendant’s motion for a new trial made. upon the minutes.
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' Appeal by the defendant, William J. Burns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 31st day of October, 1908, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 29th day of October, 1908, denying the said defendant’s motion for a new trial made. upon the minutes. The action was commenced on the 7th day of April, 1908, against both defendants jointly to recover damages resulting from bodily injuries sustained by the plaintiff alleged to have been caused…
1Opinion of the Court
McLennan, P. J.:
The action is brought under the Employers’ Liability Act (Laws of 1902, chap. 600). The accident from which plaintiff’s injuries resulted occurred on the 22d day of January, 1908, at about eleven o’clock a. m. At the time he was in the employ of the defendant Burns engaged in operating a gasoline engine, which was located in a small shanty erected to protect it and him from the weather. While the plaintiff was in the shanty attending to his duties a timber fell from the deck of a large coal trestle which Burns was building for the Delaware, Lackawanna and Western Railroad…
2Cases cited4 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Barry v. Derby Desk Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Finnigan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Galino v. Fleischmann Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- United States Gypsum Co. v. SliwienskaCourt of Appeals for the Second Circuit · 1910
- Chinn v. Ferro-Concrete Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965