Capasso v. . Woolfolk
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January 21, 1898, sustaining plaintiff’s exceptions to the dismissal of the complaint by the Trial Term, ordered to be heard in the first instance by the Appellate Division, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January 21, 1898, sustaining plaintiff’s exceptions to the dismissal of the complaint by the Trial Term, ordered to be heard in the first instance by the Appellate Division, and granting a new trial. Plaintiff brought this action for personal injuries, received by him while employed by the defendants and which he alleges to have been caused by the negligence of the latter. The defendants, as contractors, were engaged in lowering the tracks of the New York and New Haven Railroad Company;…
1Opinion of the CourtGray, J.
I am unable to distinguish this case from that of Perry v. Rogers / decided by us since the decision of the Appellate Division in this case. (157 N. Y. 251.) In that case, the plaintiff was directed by the foreman in charge of the men to go up “ on the bench,” .which had been created in the side of a ledge of rock by blasting, for the purpose of cleaning it off. While so engaged, a large stone fell out of the wall, some six or seven feet above the bench, and inflicted upon him the personal injury for which he recovered a judgment. The judgment was reversed in this court, upon the ground that…
2Cases cited3 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Perry v. . RogersNew York Court of Appeals · 1898
3Cited by20 opinions
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Simone v. . KirkNew York Court of Appeals · 1902
- Di Vito v. . CrageNew York Court of Appeals · 1901
- Maltbie v. . BeldenNew York Court of Appeals · 1901
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