Trentacoste v. Cronin
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment entered in the office of the clerk of the county of New York on the 26th day of April, 1907, dismissing the complaint after a trial at Trial Term.
1Per curiam
The plaintiff appeals from the dismissal of his complaint. The action is a statutory One by an administrator for damages for the death of his intestate. The evidence showed that the deceased, a laborer, was employed .in the night time in wheeling dirt along a wharf or pier and by means of a plank to a scow lying alongside. . As he was walking along this plank, which was not fastened either to the wharf or the scow, it moved or tilted and he fell into the water and was drowned. The plank was undoubtedly a “ way," and it was the duty of defendant to furnish a way which was reasonably safe both…
2Cases cited1 opinion
- Reilly v. . Troy Brick CompanyNew York Court of Appeals · 1906
3Cited by1 opinion
- Heiser v. Cincinnati Abattoir Co.Appellate Division of the Supreme Court of the State of New York · 1910