Wootton v. Flatbush Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Flatbush Gas Company, 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 8th day of April, 1904, upon the verdict of a jury for $950, and also from an order entered in said clerk’s* office on the 12th day of April, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This is an action by servant against master for negligence in affording a place to work. The servant was at work splicing wire cables in a manhole two and a half to three feet deep in a city street. He was kneeling so that his head was two or three inches below the surface of the street, angl his task kept Ms eyes upon the cable. While thus at work he was struck by the fall of a wooden horse which had been placed near the manhole as a warning to travelers. The theory of the plaintiff is that the horse was disturbed by a passing vehicle, but this is supported by inference, not by…
2Cases cited4 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Madigan v. Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Ryan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Riola v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904