Legal Opinion
Smullen v. City of New York
New York Court of Appeals
Decided February 25, 1971PublishedCited by 76 opinions
1Opinion of the CourtGibson, J.
Plaintiff’s intestate, while employed by an excavation subcontractor engaged in the construction of a private sewer line in a city street, was killed by the cave-in of the trench in which he was working. His administratrix brought this wrongful death action against the general contractor and the City of New York and at Trial Term had a verdict against the city. The jury exonerated the general contractor and that determination was not appealed. Upon the city’s appeal from the judgment entered upon the verdict against it, the Appellate Division, with two Justices dissenting, reversed, on the…
2Cases cited5 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Young v. StateAppellate Division of the Supreme Court of the State of New York · 1951
- Young v. StateNew York Court of Appeals · 1952
3Cited by76 opinions
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Adams v. StateAlaska Supreme Court · 1976
- Pelaez v. SeideNew York Court of Appeals · 2004
- O'Connor v. City of New YorkNew York Court of Appeals · 1983
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