Palmijiano v. Hyde-McFarlin Co.
Appellate Division of the Supreme Court of the State of New York
Appeal'by the defendant, the Hyde-McFarlin Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 26th day of October, 1907, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 18th day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal'by the defendant, the Hyde-McFarlin Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 26th day of October, 1907, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 18th day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 19th day of November, 1906, to recover damages because of the death of plaintiff’s intestate alleged to have been caused solely through the negligence of the…
1Opinion of the Court
McLennan, P. J.:
The defendant is a corporation and at the time in question was engaged in excavating a cut for the roadbed of the Pennsylvania railroad in the city of Buffalo, N. Y., and across Seneca street, by means of an eighty-ton steam shovel which traveled on movable tracks and was operated by an engine. The cut was about forty feet wide at the top, thirty-four feet wide at the bottom and ten or eleven feet deep. The cut was to be extended over and across a gas main laid in said street. When the work had progressed to the place where the main was located the pointed teeth of a rack…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
3Cited by2 opinions
- Pepe v. Utica Pipe Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kennedy v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1911