Legal Opinion · Dissent

Burton v. American Bridge Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1947Published

1DissentJohnston, J.

I dissent and vote to reverse the order and judgment, and to deny the motion to set aside the verdict. It will be necessary briefly to state the facts.

In August, 1946, Abraham & Straus, Inc., owner of a department store in Brooklyn, engaged a general contractor to do extensive alteration work. The general contractor engaged, among others, the two subcontractors with whom we are concerned. One was the respondent American Bridge Company (hereinafter called the Bridge Company), to do the steel work, and the other was plaintiff’s employer, the Arthur A. Johnson Company (hereinafter called…

2Cases cited13 opinions

  1. Wyllie v. . PalmerNew York Court of Appeals · 1893
  2. Irwin v. KleinNew York Court of Appeals · 1936
  3. Charles v. . BarrettNew York Court of Appeals · 1922
  4. Bartolomeo v. Charles Bennett Contracting Co.New York Court of Appeals · 1927
  5. McNamara v. . LeipzigNew York Court of Appeals · 1919

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