Wright v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles D. Smith and others, copartners, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings pn the 29th day of November, 1911, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the same day denying the defendants motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
Defendant’s servant stepped on a plank on a trestle. The plank tipped or slipped and the decedent fell upon a brace below, where the short remnant of a stringer, falling, hit him. So the jury has found. That the plank slipped, that decedent fell and that the timber hit him, one Nelson, his fellow-servant, alone testifies. That he fell through a misstep and grasping the short timber carried it away so that it fell upon him, Williamson, foreman at the time, alone testifies. Each man states that he was looking at him at the instant. Nelson, a foreigner, is less clear in his general…
2Cited by7 opinions
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Oldham v. KubinskiAppellate Court of Illinois · 1962
- Rocha v. StateNew York Court of Claims · 1974
- Bounougias v. Republic Steel Corp.Court of Appeals for the Seventh Circuit · 1960
- Bohannon v. Joseph T. Ryerson & Son, Inc.Appellate Court of Illinois · 1966
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