Phœnix Bridge Co. v. Creem
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel J. Creem. and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of January, 1904, upon the verdict of a jury, which as to the first cause of action was rendered by direction of the court,.and also from an order entered in said clerk’s office on the 25th day of January, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
On March 5, 1896, the plaintiff contracted with the Brooklyn and Brighton Beach Railroad Company for the building of an extension of the latter’s elevated railroad which involved the excavation of holes and the construction of foundations for the superstructure in Bergen street of the then city of Brooklyn. Thereafter the work of excavating and building the foundations was subcontracted to and performed by the defendants, the plaintiff taking no personal part in it. Daring the progress of the work the defendants negligently left upon the sidewalk of Bergen street in the…
2Cases cited2 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
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- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
- Chapel v. MitchellNew York Court of Appeals · 1994
- Scott v. . CurtisNew York Court of Appeals · 1909
- Tipaldi v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Globe Indemnity Co. v. SchmittOhio Supreme Court · 1944
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