Wootton v. Flatbush Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by William Wootton against the Flatbush Gas Company. From a judgment for plaintiff, and from an order denying a motion for new trial, defendant appeals. Reversed.
1Opinion of the CourtJenks, J.
This is an action by servant against master for negligence in affording a place to work. The servant was at work splicing wire cables in a manhole 2yz to 3 feet deep, in a city street. He was kneeling, so that his head was 2 or 3 inches below the surface of the street, and his task kept his eyes upon the cable. While thus at work he was struck' by the fall of a wooden horse which had been placed near the manhole as a warning to travelers. The theory of the plaintiff is that the horse was disturbed by a passing vehicle, but this is supported by inference, not by direct testimony.
The evidence…
2Cases cited9 opinions
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Hillyer v. . LeroyNew York Court of Appeals · 1904
- Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Ryan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Ganguzza v. Anchor LineAppellate Division of the Supreme Court of the State of New York · 1904
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