Legal Opinion

Impellizzieri v. Cranford

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1910Published

Appeal by the defendant, Charles Cranford, 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 2(ith day of January, 1910, upon the verdict of a jury for $300, and'also from an order entered in said clerk’s office on the 28tli day of January, 1910, denying the defendant’s motion for a new trial made upon the' minutes.

1Opinion of the Court

Bdbb, J.:

On February 13> 1907, defendant was' engaged in making excavations for the purpose of sinking the railroad tracks of the Brighton Beach road. In connection with the work a. steam shovel Was employed. A long arm projected from the front of the machine, which could be raised and lowered or turned from side to side.' At its extreme end there was a heavy bucket. At the rear of the machine there was a driving engine, which ran-upon rails temporarily laid for the purpose. As the work progressed and all of the material within reach of the projecting arm had been removed, the rails'in the…

2Cases cited4 opinions

  1. Crispin v. . BabbittNew York Court of Appeals · 1880
  2. Logerto v. . Central Building Co.New York Court of Appeals · 1910
  3. Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Hammond v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1909

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