McIntee v. City of Middletown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Middletown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk of the county of Orange on the 9th day of June, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 9th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant in failing to provide a reasonably safe place for the plaintiff to work, and reasonably safe appliances for the perform*435anee of such labor. The plaintiff was employed in digging a ditch or trench for a sewer in the city of Middletown. The trench was between six and seven feet deep at the time he was put to work, and the evidence shows that the foundation under the highway was made up of loose materials, which had been filled in to bring…
2Cases cited2 opinions
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
- Green v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by10 opinions
- O'Neil v. City of RichmondSupreme Court of Virginia · 1925
- Giuricevic v. City of TacomaWashington Supreme Court · 1910
- Jones v. City of Fort WorthTexas Commission of Appeals · 1924
- McCarty v. Town of Mountain ViewTennessee Supreme Court · 1916
- Frink v. Town of Amenia, New York County Courts1977
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