Colleren v. Underpinning & Foundation Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of Flew York, borough of Manhattan, first district, rendered in favor of the plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtSeabury, J.
Plaintiff sues to recover damages- for an injury which he claims he sustained through the negligence of the defendant. The plaintiff was in the employ of the defendant and was instructed by the foreman to- move a piece of concrete. The plaintiff and his companion picked up the piece of concrete and while carrying it the piece which his companion held broke causing the concrete to fall on the plaintiff’s fingers. Clearly these facts establish no cause of *434action at common law. Kalbach v. Ross, 145 App. Div. 55; Beichert v. Reed, 20 id. 635; Hussey v. Coger, 112 N. Y. 614.
The respondent claims…
2Cases cited3 opinions
- Hussey v. . CogerNew York Court of Appeals · 1889
- Kalbach v. RossAppellate Division of the Supreme Court of the State of New York · 1911
- Carron v. Standard Refrigerator Co.Appellate Division of the Supreme Court of the State of New York · 1910