Pellegrino v. Clarence L. Smith Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 5, 1917, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
This is an action under the Labor Law (Consol. Laws, chap. 31) by workman against employer.
On September 22, 1913, the plaintiff was engaged in excavating for the foundations of a building. His hand was crushed by a stone which fell out of the wall as he worked. He had noticed cracks about the stone, and had called them to the attention of his foreman. They were two and a half or three inches wide. The foreman told him that there was no danger, and to go on with the work. Simple tests would have shown the insecurity of the stone. The foreman made none. A half hour after the assurance of safety…
2Cases cited10 opinions
- Williams v. . HaysNew York Court of Appeals · 1894
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1916
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- McCabe & Steen Construction Co. v. WilsonSupreme Court of the United States · 1908
- Maguire v. . BarrettNew York Court of Appeals · 1918
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3Cited by6 opinions
- Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
- Raolaslovic v. N.Y.C.R.R. Co.New York Court of Appeals · 1927
- Warrington v. New York Power & Light Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Raolaslovic v. New York Central RailroadNew York Court of Appeals · 1927
- Garlichs v. Empire State Building Corp.New York Court of Appeals · 1957
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