Buckley v. Beinhauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred Beinhauer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 29th day of January, 1909, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 3d day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff, a mason’s helper, was wheeling a wheelbarrow, loaded with fire bricks, from a hoist at the seventh floor of a building in the process of construction, when his foreman, one David Haw, who had temporarily taken the place of the signalman, gave a. signal to the engineer to lower the hoist before the plaintiff got safely away from it, for so the jury were justified in finding, with the result that the plaintiff was precipitated down the shaft, receiving the injuries for which he has recovered. The defendant was the general contractor, but had sublet portions of the…
2Cases cited7 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Gallenkamp v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Gallenkamp v. . Garvin Machine CompanyNew York Court of Appeals · 1904
- Haggblad v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by3 opinions
- Gundich v. Emerson-Comstock Co.Illinois Supreme Court · 1960
- Cain v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Holmstrom v. WardAppellate Division of the Supreme Court of the State of New York · 1913