Bertolami v. United Engineering & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Engineering and Contracting 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 7th day of November, 1907, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 18th day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Defendant appeals from a judgment in plaintiff’s favor for damages suffered by reason of the death of her intestate. The facts were very fully stated upon a former appeal (120 App. Div. 192).
The action was brought under the Employers’ Liability Act (Laws of 1902, chap. 600), and the question involved is whether or not the defendant’s foreman was guilty of negligence in causing the removal of an iron column which upheld the roof of a tunnel, while there still remained on one side of the column eight or ten feet of rock roof unsupported by timbering. It was this question *585which was…
2Cases cited1 opinion
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mullen v. Louis C. Frees Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916