Muench v. Steel & Masonry Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Steel and Masonry Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 30th day of April, ■ 1912, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 7th day of May, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment in favor of the plaintiff in an action brought to recover for personal injuries, and also from an order denying defendant’s motion for a new trial.
The plaintiff, an employee of defendant, while engaged in the employment, was injured by the breaking of a manila guy rope on a hoisting apparatus which was being used in a subway construction.
The notice under the Employers’ Liability Act was excluded, and the case was submitted to the jury under the provisions *410of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], § 18), and under the common law.
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2Cases cited2 opinions
- Cummings v. KennyAppellate Division of the Supreme Court of the State of New York · 1904
- Michael v. Standard Concrete Steel Co.Appellate Terms of the Supreme Court of New York · 1907
3Cited by3 opinions
- Fuller v. Mulcahy & GibsonAppellate Division of the Supreme Court of the State of New York · 1914
- Cook v. PieperNew York Supreme Court · 1962
- Porter v. Avlis Contracting Corp.New York Supreme Court · 1976