Bitolio v. Bradley Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernesto Bitolio, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of April, 1914, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Clarke, J.:
The plaintiff was thirty-one years old and had been a tunnel worker nearly all his life. On the 28th of March, 1913, he was employed as a mucker by the defendant which, under contract, was constructing the Lexington Avenue subway. The shaft at Lexington avenue and Fifty-sixth street was between eighty-five and ninety feet deep. The tunnel was about twenty feet wide at the bottom and twenty-five or thirty feet high and ran *837about fifteen feet north of Fifty-sixth street and one hundred to one hundred and twenty-five feet south. The blasting was being carried on at the end of the…
2Cases cited3 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Bitolio v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Mekki v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1915