Burke v. City & County Contract Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City and County Contract Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of September, 1908, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office On the 28th day of September, 1908, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff was concededly injured, his right arm being rendered useless, in the performance of manual labor, by being struck by a piece of rock blasted out in. the course of work in preparing the roadbed for the Rew York, Westchester and Boston Railway Company, the defendant company having had charge of the said blasting work. While the defendant upon this appeal insists that the evidence does not disclose- negligence on the part of the defendant, or evidence of lack of contributory negligence on the part of the plaintiff, the record shows that there was evidence which -the…
2Cases cited2 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Sullivan v. DunhamAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Martin v. Republic Steel Co.Supreme Court of Alabama · 1933
- Chicago, R. I. & P. Ry. Co. v. BondSupreme Court of Oklahoma · 1915
- Walker Motor Exchange v. LindbergMontana Supreme Court · 1930
- People v. ClementeAppellate Division of the Supreme Court of the State of New York · 1911
- City of New York ex rel. Wasserman v. WassermanNew York Court of Special Session · 1922
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