Morris v. Muldoon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward H. Muldoon, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of July, 1919, denying defendant’s motion for judgment on the pleadings, consisting of a complaint, answer and reply. The opinion of Special Term is reported in Morris v. Muldoon (108 Misc. Rep. 143).
1Opinion of the Court
Smith, J.:
The action is brought by an employee against an employer, to recover damages for an injury sustained on June 21, 1915, while he was digging down at the corner of a building for the purpose of getting space to insert a cement pillar or post to more strongly support the building. The defendant is a mason and builder and was át the time of the accident in question. This building had been insecure by reason of weak foundations. It was shored up, and the plaintiff was set to work digging out a space about four feet square and ten feet deep, so that after digging the same a concrete…
2Cases cited6 opinions
- Matter of Sweeting v. . American Knife Co.New York Court of Appeals · 1919
- Matter of Daly v. . Bates RobertsNew York Court of Appeals · 1918
- Shinnick v. Clover Farms Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Matter of Dose v. . Moehle Lithographic Co.New York Court of Appeals · 1917
- Nulle v. Hardman, Peck & Co.Appellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
- Kemper v. GluckSupreme Court of Missouri · 1931
- Masich v. United States Smelting, Refining & Mining Co.Utah Supreme Court · 1948
- Hyett v. Northwestern Hospital for Women & ChildrenSupreme Court of Minnesota · 1920
- Grice v. Suwannee Lumber Manufacturing CompanyDistrict Court of Appeal of Florida · 1959
11 more not listed; retrieve them via the Exa API.