Eddery v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 28th day of October, 1914, in favor of the plaintiff, and from an order entered in said clerk’s office on the 20th day of Hovember, 1914, denying its motion for a new trial.
1Per curiam
Upon this third trial (See 150 App. Div. 761; 161 id. 949) the evidence showed a use of these inclined planks, not only by employees of the contractor, but also by employees of defendant, including other track-walkers besides deceased. And this use was testified to as frequent, and participated in by track-walkers, both by night and openly in the daytime. The issue whether defendant had actual or imputable knowledge that its track-walkers actually used these planks in going about their duties upon this elevated structure, was fairly before the j ury. While it is urged that three juries having…
2Cases cited1 opinion
- Eddery v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Schoonmaker v. Pittsburgh Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916