Barry v. Derby Desk Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the-defendant,- the Derby .Desk Company, from a judgment of the Supreme Court iu favor -of the plaintiff, entered in. the office of the: clerk of the county of Dew York on the 5t;h day of March, 1907, upon the'verdict of, a jury for $5,000 ; also from an order entered in said clerk’s office on the 1st day of March, 1907, denying the defendant’s motion for a new trial made upon the minutes, and also from, an order entered on the 6th day of March, 1907, granting the…
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Appeal by the-defendant,- the Derby .Desk Company, from a judgment of the Supreme Court iu favor -of the plaintiff, entered in. the office of the: clerk of the county of Dew York on the 5t;h day of March, 1907, upon the'verdict of, a jury for $5,000 ; also from an order entered in said clerk’s office on the 1st day of March, 1907, denying the defendant’s motion for a new trial made upon the minutes, and also from, an order entered on the 6th day of March, 1907, granting the plaintiff an extra allowance of costs.
1Opinion of the Court
Lambert, J.:
The plaintiff brings this action to recover damages for personal injuries alleged to have been sustained through the negligence óf the defendant. The defendant was engaged in the construction of a factory for the Knickerbocker Chocolate. Company on Thirty-first street, borough of Manhattan. On the 16th day of December, 1903, the plaintiff was employed by the defendant, and directed to report to the foreman at the chocolate company’s building. He went to work upon a scaffolding, aiding in putting up a thin bale covering known as facia. While thus engaged he was directed by the…
2Cases cited2 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Finnigan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Denver & R. G. R. Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1908
- Heilig v. BurnsAppellate Division of the Supreme Court of the State of New York · 1909
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
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