Logerto v. Central Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- the Central Building Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of April, 1907, upon the verdict of a jury for $10,000,. and .also from an order entered in said clerk’s office on the 8th day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The action is for personal injuries resulting from negligence, and is brought under the Employers’ Liability Act. The plaintiff, a common laborer, was employed, with others, under the supervision of a superintendent or foreman, excavating for a cellar. . At the time of the accident he and the men working with him were digging at the base of a perpendicular bank of earth, fourteen feet high, for the purpose of undermining the bank so that it could be pried off with bars from the top, when the overhanging bank thus undermined fell upon him, inflicting a severe injury. He had been…
2Cases cited10 opinions
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Griffin v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1890
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3Cited by5 opinions
- Janiszewski v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1913
- Ward v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Banchetti v. C. K. Williams & Co.New York Supreme Court · 1912
- Logerto v. Central Building Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Logerto v. Central Building Co.Appellate Division of the Supreme Court of the State of New York · 1908