Backman v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maria Backman, as administratrix, etc., from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 24th. day of June, 1911, upon the dismissal of the complaint by direction of the court as to the defendants Brooklyn Union Gas Company and Edison Electric Illuminating Company of Brooklyn on a trial at the Kings County Trial Term.
1Opinion of the Court
Carr, J.:
This is an appeal from a judgment which dismissed the plaintiff’s complaint at the close of her counsel’s opening. On November 20, 1908, the plaintiff’s intestate was at work at the bottom of a deep trench in Gold street in the borough of Brooklyn, in which a new sewer was being constructed by the city of New York through the defendants Bodgers & Hagerty as contractors, and he was killed by reason of the falling in of the sides of the trench. These sides were supported by lumber sheathing, with aseries of braces, and it is claimed by the plaintiff that the method of sheathing was…
2Cases cited3 opinions
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Brady v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Darton v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Egan v. BoenigAppellate Division of the Supreme Court of the State of New York · 1928
- Backman v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Candel v. BanklerAppellate Terms of the Supreme Court of New York · 1913