Citrone v. O'Rourke Engineering Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the O’Rourke Engineering Construction Company, from a judgment of the Supreme Court in favor. of the plaintiff, entered in the office of the clerk of the county of Richmond on the 17th day of March, 1905, upon the verdict of a jury for $4,250, and also from an order entered in said clerk’s office on the lltli day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Jenks, J. (dissenting):
•. J. dissent'. This action is for negligence. • The plaintiff was ordered by his master to go to the bottom of a trench and to break up stones which lay there, released by blasting. While at work' therein he was injured, at ten-tlitity a. m., by the fall of a stone out of the side of the trench, The-trench was thirteen or fourteen feet deep and about six and a half or seven feet wide; It was held at intervals of fifteen feet by braces five or six feet above the boh ■ tom. The loose stone was above the braces. The' court dealt with the action as one at common law, -and-…
2Cases cited12 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Cullen v. . NortonNew York Court of Appeals · 1891
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
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