Sheridan v. Foley
Supreme Court of New Jersey
Case certified from Hudson Court of Common Pleas. This is an action brought to recover for personal injuries received by the plaintiff while at work upon a building which was being erected in the city of Hoboken. On the trial it appeared, according to the plaintiff’s evidence, that the defendant, Foley; had a contract with the owner to do the mason work upon the building, and that the plaintiff’s employer had the contract to do the plumbing.
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Case certified from Hudson Court of Common Pleas. This is an action brought to recover for personal injuries received by the plaintiff while at work upon a building which was being erected in the city of Hoboken. On the trial it appeared, according to the plaintiff’s evidence, that the defendant, Foley; had a contract with the owner to do the mason work upon the building, and that the plaintiff’s employer had the contract to do the plumbing. That while the plaintiff was at work laying a sewer pipe at the foot of one of the walls of the building which the defendant’s employes • were then…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, J.
It cannot be denied that it was the duty of the defendant to so carry on the work upon which he was engaged as not to injure other persons who were employed upon other work upon the' same premises, and that if the plaintiff was injured through the carelessness of the defendant, or his servants, in the performance of their work, he is entitled to compensation for such injury.
It is urged, however, on behalf of the defendant, that the plaintiff was bound, in order to entitle him to a verdict, to prove affirmatively that the injury which he…
2Cases cited1 opinion
- Bahr v. Lombard, Ayres & Co.Supreme Court of New Jersey · 1890
3Cited by15 opinions
- Michener v. HuttonCalifornia Supreme Court · 1928
- Watts v. JensenCourt of Appeals for the Ninth Circuit · 1898
- Fuchs v. St. LouisSupreme Court of Missouri · 1896
- Cleary v. City of CamdenSupreme Court of New Jersey · 1937
- Marzotto v. Gay Garment Co.New Jersey Superior Court Appellate Division · 1951
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