Greenwood v. Luke A. Burke & Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Luke A. Burke & Sons Company, Inc., 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 19th day of November, 1915, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 20th day of December, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The defendant, in course of construction of a sewer, had sunk a shaft 35 feet deep, and had placed a mixer close to the edge of the shaft to dump concrete into it. The mixer was worked by a gasoline engine, and the engine was covered by a sheet iron housing provided with doors. A plank 10 inches wide was placed in front of the mixer and so close to it that when one of the doors was open it interfered with passage over the plank. It was testified that the purpose of the plank was to permit the man in charge of the mixer to crank the *364engine, but that some of the men used to walk…
2Cited by1 opinion
- Greenwood v. Luke A. Burke & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1918