Horton v. Vulcan Iron Works Co.
Appellate Division of the Supreme Court of the State of New York
defendant, The Vulcan Iron Works Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the dbfk of the county of Oswego on the 18th day of February, 1896, upon he verdict of a jury for $5,000, and also from an order bearing date itf® 22d day of February, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. \ Plaintiff received injuries on the 28th day of June, 1895, while at…
Read the full summary
defendant, The Vulcan Iron Works Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the dbfk of the county of Oswego on the 18th day of February, 1896, upon he verdict of a jury for $5,000, and also from an order bearing date itf® 22d day of February, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. \ Plaintiff received injuries on the 28th day of June, 1895, while at work laying up a brick wall which hé and jne Petrie had agreed to erect in consideration of the price of four dollars…
1Opinion of the Court
Hardin, P. J.:
From the evidence it is quite clear that Holbrook owned the premises where the wall was being constructed, although the same had been for some considerable period of time in the possession of the defendant. Holbrook entered into an agreement with the plaintiff and *510his partner, Petrie, to perform services in the erection of a wall at the price of four dollars and fifty cents per thousand brick. They commenced the erection • of the wall, and after it had progressed so as to require a platfor'm to work upon they built a platform or scaffold on the. south side of the wall next…
2Cases cited6 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Olive v. . the Whitney Marble Co.New York Court of Appeals · 1886
- Cobb v. WelcherNew York Supreme Court · 1894
- Graves v. BrewerAppellate Division of the Supreme Court of the State of New York · 1896
- Glassheim v. New York Economical Printing Co.New York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boyle v. Degnon-McLean Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Dwyer v. Hills Brothers Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dwyer v. Hills Bros.Appellate Division of the Supreme Court of the State of New York · 1903
- Wittmer v. FairhurstAppellate Division of the Supreme Court of the State of New York · 1909