Legal Opinion

Ingram v. Fosburgh

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

Decided July 1, 1902PublishedCited by 5 opinions

Appeal by the defendant, Robert L. Fosburgh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 3d day of April, 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the the 3d day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Davy, J.:

This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the defendant’s negligence. The case was tried before a jury at a Trial Term of the Supreme Court held in Oneida county in March, 1901, and resulted in a verdict in plaintiff’s favor for $5,000.

It appears that on the 9th day of December, 1899, the defendant was engaged as a contractor in constructing a brick building in the city of Utica, N. Y., and plaintiff’s intestate was in defendant’s employ as superintendent and foreman, in charge of the bricklayers and other…

2Cases cited2 opinions

  1. Stringham v. . HiltonNew York Court of Appeals · 1888
  2. Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885

3Cited by5 opinions

  1. Byrd v. ThompsonSupreme Court of Georgia · 1916
  2. Starer v. SternAppellate Division of the Supreme Court of the State of New York · 1905
  3. Cummings' Administratrix v. Paducah Grain & Elevator Co.Court of Appeals of Kentucky · 1920
  4. Boyles v. LewisAppellate Division of the Supreme Court of the State of New York · 2013
  5. Boyles v. LewisAppellate Division of the Supreme Court of the State of New York · 2013

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