Spillane v. Eastman's Co.
City of New York Municipal Court
Appeal from a judgment of the City Court of the city of New York, entered upon a verdict in favor of the plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtConlan, J.
The plaintiff brought this action to recover damages for an injury alleged to have been caused by the defendant’s negligence. It is contended by the defendant that the injuries were inflicted by a fellow-servant of the plaintiff, and that, therefore, a reversal of the judgment should be had.
The plaintiff was a carpenter, and, with one Leonard, who was employed to clean up after the other workmen, was engaged in different parts of a building in course of construction in New York city.
While the plaintiff was performing the work assigned to him, the man, Leonard, threw a shutter from an upper…
2Cases cited2 opinions
- McTaggart v. Eastman's Co.City of New York Municipal Court · 1899
- McTaggart v. Eastman's Co.Appellate Terms of the Supreme Court of New York · 1899