McDonough v. James Reilly Repair & Supply Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of Dew York, entered upon a verdict for the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtBischoff, J.
The plaintiff, while standing in line with a number of applicants for employment, in the defendant’s machine shop, was injured by the fall upon his foot of an instrument described as a machinist’s battering ram, which *335had been placed against the wall, and which, for some reason, fell over. His presence at the defendant’s shop was in answer to an invitation extended by the defendant’s foreman to him a day or two earlier, and, in view of the fact that the applicants for employment came to this place under the same circumstances, as a matter of custom, acquiesced in by the defendant for the…
2Cases cited1 opinion
- Allen v. BanksAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Gastine v. EwingCalifornia Court of Appeal · 1944
- Southwest Cotton Co. v. PopeArizona Supreme Court · 1923
- Mideastern Contracting Corporation v. O'TOOLECourt of Appeals for the Second Circuit · 1932
- McDonough v. James Reilly Repair & Supply Co.Appellate Terms of the Supreme Court of New York · 1905