Dillon v. Trustees of St. Patrick's Cathedral
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Trustees of St. Patrick’s Cathedral in the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 4th day of December, 1919, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 15th day of December, 1919, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, P. J.:
The defendant is a charitable corporation which maintains a cemetery, called the Calvary Cemetery. It sells burial privileges and devotes the money so raised to the - expense of running the cemetery, for religious and -educational purposes, and for charity — primarily in providing graves for those unable to pay for them.
On the 26th of April, 1918, the plaintiff, a gravedigger in the employ of the defendant, was directed to make an excavation for the foundation of a monument, and while so engaged, when he had dug to a required depth of about nine feet, the earth fell upon him…
2Cases cited4 opinions
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Matter of Uhl v. . the Hartwood ClubNew York Court of Appeals · 1917
- Claim of Uhl v. Hartwood ClubAppellate Division of the Supreme Court of the State of New York · 1917
- Mcdonough v. Clonbrock Steam Boiler Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Rugg v. Norwich Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1923
- Garcia v. De LeonDistrict of Columbia Court of Appeals · 1948