Legal Opinion

Joyce v. Convent Avenue Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1913PublishedCited by 11 opinions

Appeal by the defendant, The Convent Avenue Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of February, 1912, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 9th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

On the 1st day of September, 1909, the plaintiff was in the employ of one Flood as a plasterer’s helper, and while carrying a hod of mortar up the flight of stairs between the second and third floors of an apartment building then being erected on premises owned by the defendant at the southwest corner of One Hundred and Forty-seventh street and Convent avenue, sustained injuries by stepping on a strip of sheet iron forming the tread of one of the steps, which was not of sufficient thickness to hold his weight.

The defendant caused plans and specifications for the apartment house…

2Cases cited6 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. Burke v. . IrelandNew York Court of Appeals · 1901
  3. Potter v. GilbertAppellate Division of the Supreme Court of the State of New York · 1909
  4. Hawke v. BrownAppellate Division of the Supreme Court of the State of New York · 1898
  5. Potter v. GilbertNew York Court of Appeals · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Looker v. Gulf Coast FairSupreme Court of Alabama · 1919
  2. O'NEILL v. GrayCourt of Appeals for the Second Circuit · 1929
  3. Doremus v. AuerbachAppellate Division of the Supreme Court of the State of New York · 1917
  4. Kenny v. A. C. & H. M. Hall Realty Co.Appellate Terms of the Supreme Court of New York · 1914
  5. People v. Gaydica, New York County Courts1923

6 more not listed; retrieve them via the Exa API.

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