Maltby v. County of Westchester

Crane, Ch. J.

On January 13, 1931, near Camp Fire road on Bronx Parkway Extension No. 3, George Maltby, the plaintiff, was injured by a chain connected with a crane which was being operated at that place. The crane was being operated by Simon Morah. The foreman in charge of the job was Edwin Brawley. All the work was being done by Westchester County Park Commission acting as agent for the State of New York by reason of a legislative enactment.

Such is the stipulation of the parties on the trial of this case. It is supplemented by evidence which shows that the work being done was State work paid…