Toppi v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. McDonald, 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 3d day of March, 1908, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 12th day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The defendant was engaged in constructing a tunnel from Fort George southerly as a part of the rapid- transit subway in the city of New York. The tunnel was being driven through rock known as Manhattan schist. The rock was of such a character as to require support of the roof of- the tunnel. The method of - excavation, was by the use of steam drills and blasting with dynamite. When a sufficient space had been cleared, long heavy beams, called wall plates, were placed one upon each side of the. excavation, upon which, as foundations, segmental arches of heavy beams were erected…
2Cited by5 opinions
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- Impellizzieri v. CranfordAppellate Division of the Supreme Court of the State of New York · 1912
- McGowan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Ames v. Pennsylvania RailroadNew York Supreme Court · 1959