Legal Opinion

Rooney v. Brogan Construction Co.

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

Decided July 15, 1905PublishedCited by 13 opinions

Appeal by the plaintiff, Margaret Rooney, as administratrix, etc., of John Rooney, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of December, 1904, upon the verdict of a jury rendered by direction of' the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 9th day of December, 1904, denying the plaintiff’s motion…

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Appeal by the plaintiff, Margaret Rooney, as administratrix, etc., of John Rooney, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of December, 1904, upon the verdict of a jury rendered by direction of' the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 9th day of December, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

The defendant, as owner, was engaged in'the construction of a ten-story building through the instrumentality of several different independent contractors, to some of whom it furnished materials. As the work progressed' a hoisting machine Was installed in the building by a hoisting machine company, and was used by the different contractors to hoist materials, each paying the hoisting machine company by the hour or day for the use of the machine. The openings in the different floors through which .this machine was operated were entirely unguarded, in violation of section 20 of the…

2Cases cited6 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Willy v. . MulledyNew York Court of Appeals · 1879
  3. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  4. Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
  5. Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Gannon v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Illinois Supreme Court · 1961
  2. Gannon v. C., M., ST. P. & P. RY. CO.Illinois Supreme Court · 1961
  3. Claffy v. Chicago Dock & Canal Co.Illinois Supreme Court · 1911
  4. McCappin v. Park Capitol Corp.New Jersey Superior Court Appellate Division · 1956
  5. Shields v. Paul B. Pugh & Co.Appellate Division of the Supreme Court of the State of New York · 1907

8 more not listed; retrieve them via the Exa API.

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