Fallon v. Mertz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis C. Hertz and others, composing the firm of “ George' Hertz’s Sons,” 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 12th day of April, 1904, upon the verdict of a jury foil $2,000, and also froth an order entered in said clerk’s office- on the 3d day of May, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
This action was to recover damages for injuries done to the plaintiff by the fall of a small portable derrick which was being used by-, him and his felloW-workmen in hoisting and lowering blocks of stone into position on a building. All were in the employ, of the defendants. The accident happened in the State of .Connecticut, ■and as the law of that State was not proved the common law of this State applies.
The plaintiff claimed that the derrick fell because it did not have ■ a proper footblock with sockets for the two legs of the derrick to .set in so as to keep, them in position,…
2Cited by5 opinions
- Mahoney v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Ristau v. E. Frank Coe Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Feldman v. Robert E. Mackay Co.Appellate Division of the Supreme Court of the State of New York · 1916
- People v. RacykowskiNew York City Magistrates' Court · 1912
- People v. RacykowskiNew York City Magistrates' Court · 1912