Cunningham v. Peirce
Appellate Division of the Supreme Court of the State of New York
Appeal by the-defendant, John Peirce, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of January, 1905, upon the verdict of a jury for $408.80, and also from an order entered in said clerk’s office on the 16th day of January, 1905, denying the defendant’s motion for á new trial made upon the minutes, and granting to the plaintiff an extra allowance.
1Opinion of the Court
Woodward, J.:
The plaintiff was employed as á common 'laborer, engaged in taking loaded wheelbarrows from an elevator, rolling them along an elevated' platform or scaffolding upon the seventh floor of a> building in course of construction, and then unloading the same with a shovel, throwing the load* consisting of cement on the occasion of this accident, upon a platform some six or seven feet above that on "which the 'wheelbarrow was standing. The accident, according to 'the plaintiff’s testimony, which has been accepted by the jury, occurred while the plaintiff was shoveling the cement out of…
2Cases cited1 opinion
- Marsh v. . ChickeringNew York Court of Appeals · 1886
3Cited by1 opinion
- Smith v. Green Fuel Economizer Co.Appellate Division of the Supreme Court of the State of New York · 1908