Ward v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick Ward, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the.county of Kings on the 30th day of-March, 1907, upon the dismissal of the eopiplaint by direction of the court at the close of the plaintiff’s case upon a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 14th day of March, 1907, as modified by an order entered on the 26th day of…
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Appeal by the plaintiff, Patrick Ward, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the.county of Kings on the 30th day of-March, 1907, upon the dismissal of the eopiplaint by direction of the court at the close of the plaintiff’s case upon a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 14th day of March, 1907, as modified by an order entered on the 26th day of March, 1907, directing the1 dismissal of the complaint.
1Opinion of the Court
Hóóker, J.:
The plaintiff was nonsuited in this action of master against servant. The defendant had built a so-called “manhole” of concrete, rectangular in shape, about eight feet in length by six feet in. width and several feet, in depth.. Because of .the presence of water a short distance below the surface of the- ground, the manhole could not be constructed in the ordinary way. Therefore, a hole was dug in. the ground, at a point where the manhole was designed to be •located, down as far as the water level and then the hole was filled •with sand. Upon this sand, the bottom and walls of the…
2Cases cited2 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Logerto v. Central Building Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- McGarry v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1908