McCarthy v. Washburn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McCarthy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Grange on the 14th day of December, 189Y, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff was injured when at work for the defendant in removing sand from a sand bank near the Ulster and Delaware canal in Ulster county. While he was standing about seventy-five feet from the top, the bank caved in and he was knocked down and partly buried underneath the descending sand. There was evidence *253which would have authorized the jury to find that the accident was due to the method which was adopted in this instance of taking out the sand. When sand is obtained from a bank such as this was, the customary way of doing the work appears to be to keep the t< p…
2Cases cited2 opinions
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Hannigan v. SmithAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Rice v. Eureka Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Schott v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- Rosa v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1901
- Larkin v. Washington Mills Co.Appellate Division of the Supreme Court of the State of New York · 1899