Legal Opinion

Eder v. Post & McCord

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909PublishedCited by 1 opinion

Appeal by the plaintiff, Frederick B. Eder,- from a judgment of the Supreme Court in favor of the'-defendant, .entered in the office of the clerk of the county of Kings on the 15th day of March, 1909., upon the verdict of a jury, and also from an order entered .in said clerk’s office on the 4th day of March, 1909, and from an order resettling .such order, entered on the 1st day of Juné, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Burr, J.:

On the 27th of January, 1906, plaintiff was in the employ of the Otis Elevator Company, and was engaged in installing elevators in a building on Fifth avenue, between Thirty-fourth and Thirty-fifth streets, in the borough of Manhattan. Defendant had the contract for , the iron and steel construction work upon the same 'building. The building was being constructed in sections, and the portion' fronting on Fifth avenue, so far as- the iron and steel frame was concerned, had been completed up to the ninth story. On the top of this completed portion defendant, had placed a derrick, the…

2Cases cited2 opinions

  1. Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
  2. Rockford Gas Light & Coke Co. v. ErnstAppellate Court of Illinois · 1896

3Cited by1 opinion

  1. Riedell v. S. Karpen & Bros. & Laboratory Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1942

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