Page v. Naughton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bernard Raughton and another, from :a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 16th •day of October, 1900, upon the verdict of a jury for .$5,000, and ■also from an order entered in said clerk’s office on the 18th day of ■October, 1900, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff was seriously injured while working for the defend.ants, and has recovered a judgment for damages. The complaint .alleges that the defendants were contractors engaged in constructing .a street railway at ISTew Rochelle, where they had a storehouse for the purpose of keeping, piled up and stored, bags of cement weighing each upwards of 200 pounds, and necessary to be used in the •construction of the work; that the plaintiff on October 26, 1898, was in the storehouse for the purpose of removing some of these bags in order to load them on his wagon, when two piles or…
2Cases cited7 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Hogan v. SmithNew York Court of Appeals · 1891
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
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3Cited by2 opinions
- Toohey v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Middendorf v. SchulzeAppellate Court of Illinois · 1902