McMullen v. City of New York
Appellate Division of the Supreme Court of the State of New York
' 'Appeal by the defendant, The City of New York, from a judg- ' ment of the Supreme Court in-favor of the plaintiff, entered in the •office of the clerk of the county of New York on the 8th day of April, 1904, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 14th day of April, 1904, -denying the defendant’s motion for a new trial made upon the minutes. . ' This action was brought to recover damages for an injury sustained…
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' 'Appeal by the defendant, The City of New York, from a judg- ' ment of the Supreme Court in-favor of the plaintiff, entered in the •office of the clerk of the county of New York on the 8th day of April, 1904, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 14th day of April, 1904, -denying the defendant’s motion for a new trial made upon the minutes. . ' This action was brought to recover damages for an injury sustained by thé plaintiff through the alleged negligence of the defendant.
1Opinion of the Court
Ingraham, J.:
The plaintiff was-in the employ of Murray & Co., who had a.contract with the city of New York to deliver sand to the city. The contract provided that.“ The sand required to be delivered at the West Fifty-Seventh Street or at the East Twenty-Fourth -Street yard will be. shovelled into1 tubs to be furnished by the Department of Docks and Ferries, by the furnisher, and the tubs will' be tended and- dumped by the furnisher.' The Department of .Dock's and Ferries will hoist the ' sand from the deck of the vessel or scows to the height'required to dump the tubs, into a car,-which will…
2Cases cited3 opinions
- Connors v. Great Northern Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Herzog v. Municipal Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Herzog v. . Municipal Electric Light CompanyNew York Court of Appeals · 1904