Yaw v. Whitmore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Valentine F. Whitmore and others, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 20th day of April, 1898, denying the defendants’ motion for a new trial made upon the minutes, the jury having rendered a verdict in favor of the plaintiff for $6,000. Plaintiff’s complaint alleges that the defendants Whitmore, Rauber & Vicinus, were contractors and builders, and…
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Appeal by the defendants, Valentine F. Whitmore and others, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 20th day of April, 1898, denying the defendants’ motion for a new trial made upon the minutes, the jury having rendered a verdict in favor of the plaintiff for $6,000. Plaintiff’s complaint alleges that the defendants Whitmore, Rauber & Vicinus, were contractors and builders, and that on the 22d of December, 1896, they were engaged as such contractors in enlarging the Erie canal and its banks at or…
1Opinion of the Court
Hardin, P. J.:
According to the evidence the defendants’ principal office was at Rochester, some nine miles from the place where they were engaged in carrying on the contract for the enlargement of the canal. They directed their men to select suitable materials from their depot in Rochester, and to remove, them to the works and to erect a derrick for the purpose of carrying forward the work of enlargement of the canal. The defendants had a foreman, and he had charge of some men in the erection of the derrick. The mast of the derrick was anchored at its base by means of an iron pin set into a…
2Cases cited4 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Hankins v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
3Cited by3 opinions
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1899
- Rosa v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1901
- O'Connor v. HallAppellate Division of the Supreme Court of the State of New York · 1900