Fagan v. Wells Bros.
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.
1Opinion of the CourtLehman, J.
Plaintiff was injured while working for defendant in an areaway or excavation by the fall of a wheelbarrow loaded with stone. It appears that the barrow fell from a runway furnished by the defendant to its workmen. This runway was built for the purpose of wheeling the barrows from a hoist to a wagon dump. The workman who had been in charge of the wheelbarrow which fell upon plaintiff testified that “there was another run which came upon a lap upon this one, and it left tne so that I had to go on the left side of the run to escape from the lap of another run that was going on the same floor…
2Cases cited3 opinions
- Kremer v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Morrissey v. DwyerAppellate Division of the Supreme Court of the State of New York · 1907
- Witkowski v. George W. Carter & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1901