Fresusk v. Pittsburg Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pittsburg Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of February, 1913, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
We do not see how this verdict can be sustained. As the result proved, the place where plaintiff was injured was not a safe *357place to work. But inasmuch as the danger arose from the prosecution of the work, that alone would not make defendant liable provided plaintiff participated therein. (Citrone v. O’Rourke Engineering Const. Co., 188 N. Y. 339.) During the progress of the trial plaintiff conceded in express words that “The doctrine of a safe place does not apply here. That is correct. ” The only negligence charged in the complaint, aside from failure to provide a safe place to…
2Cases cited4 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Pellegrino v. Clarence L. Smith Co.Appellate Division of the Supreme Court of the State of New York · 1917