Horgan v. Rapid Transit Subway Const. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by William Horgan against the Rapid Transit Subway Construction Company. From a judgment entered upon the verdict of a jury, and from an order denying defendant’s motion for a new trial, defendant appeals.
1Opinion of the CourtBijur, J.
This action was brought under the Employers’ Liability Act to recover damages for personal injuries sustained by plaintiff through the alleged negligence of defendant.
Plaintiff was engaged in plumbing a column in the subway close to the north-bound track about 150 feet north of the 110th Street Station. A north-bound train injured his foot, which in the course of his work he had placed so near the westerly rail of the north-bound track as to have come in contact with some part of the train.
From the evidence adduced at the trial, it became quite clear that the ‘only pertinent allegation of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Hurley v. OlcottAppellate Division of the Supreme Court of the State of New York · 1909