McGowan v. New York Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Contracting Company — Pennsylvania Terminal, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of June, 1910, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 28th day of June, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
On the 10th day of February, 1908, plaintiff, while in the employ of defendant in the capacity of attending a blaster, who was also one of its employees and in charge of a gang of five or six men engaged in blasting rock, was severely injured by the explosion of a blast of dynamite and he brought this action to recover damages. The defendant had the contract for making the necessary excavations for the Pennsylvania railroad terminal on Manhattan island, and at the time in question was making a cut or trench from seven to ten feet wide and about eight feet deep through the rock…
2Cases cited5 opinions
- Capasso v. . WoolfolkNew York Court of Appeals · 1900
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Toppi v. . McDonaldNew York Court of Appeals · 1910
- Toppi v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1908
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- McGowan v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1913