Simpson v. Foundation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Foundation Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 26th day of December, 1907, upon the verdict of a' jury for $25,000, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Gaynor, J. (dissenting) :
The action was for damages for negligence. The defendant was engaged in sinking deep caissons for the foundations of a large building in lower Manhattan. The plaintiff was foreman of a gang of 8 men engaged in the work. The accident to him happened about midnight. The work was being done by electric light. There is evidence that the light was dim at the place where the plaintiff, was-hurt, and to the contrary. The excavation was 30 feet deep. In it was a platform 15 feet square, and 25 feet above the bottom, supported by upright timbers. In the centre of it was a…
2Cases cited5 opinions
- Gaffney v. . the PeopleNew York Court of Appeals · 1872
- Hanlon v. . EhrichNew York Court of Appeals · 1904
- Aleckson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Harris v. Baltimore Machine & Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Novogrucky v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908