Flanagan v. Atlantic Alcatraz Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Atlantic Alcatraz Asphalt Company, substituted for the California Asphalt Company, 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 24th day of May, 1898, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 14th day of June, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The defendant maintains a yard on the north side of Fifty-sixth street, between Eleventh and Twelfth avenues, for the storage of asphalt in the prosecution of its business. This yard is inclosed by a fence in which there are gates suspended by overhead wheels upon a piece of timber, and opened by being pushed hack against the fence so that when a gate is opened it is suspended from the timber overhead and hangs upon the wheels. The defendant-had made a contract with one Mooney to cart asphalt from its yard. The plaintiff was in the employ of Mooney, and on the afternoon of…
2Cases cited3 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
3Cited by7 opinions
- Kroeger v. Grays Harbor Construction Co.Washington Supreme Court · 1914
- Carey v. GraySupreme Court of New Jersey · 1922
- Nesterovich v. Mount Olivet CemeteryAppellate Division of the Supreme Court of the State of New York · 1925
- Schmnoske v. Asphalt Ready Roofing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Bonhag v. Queens Borough Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1933
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