Mattson v. Phœnix Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Phoenix Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of January, 1909, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s.office on the 13tli day of January, 1909, denying the defendant’s motion1 for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiff’s intestate, while in the employ of the defendant, was killed by an iron casting some fifty-seven inches high, forty inches in width at the base, and five and a half inches thick, weighing some 1,300 pounds, falling upon him. It was designed to be placed vertically across a pit thirty inches in width and three feet deep, and imbedded-in cement. Immediately preceding the acci. dent the casting had been raised by the intestate and other workmen from a horizontal position on the ground to a perpendicular position, and placed over the pit, which extended on each…
2Cases cited5 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Chisholm v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Glynn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Galino v. Fleischmann Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Delaware, L. & W. R. v. PerrottaCourt of Appeals for the Second Circuit · 1916
- Maguire v. BarrettAppellate Division of the Supreme Court of the State of New York · 1915
- Mattson v. Phenix Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912