Fitzgibbons v. Manhattan Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Cornelius Fitzgibbons against the Manhattan Railway Company. From an order denying its motion for a new trial on the minutes after judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the Court
FREEDMAN, P. J.,
The plaintiff was injured by a train of cars of the defendant while standing on the window sill on the outside of a building, and engaged with others in taking a beam 25 feet long into the building through one of the second-story windows for the purposes of certain repairs to be necessarily done on the building. The beam had been hoisted from the sidewalk of the street by means of a block and fall, and was about to be taken through the window. One end was in the building, and the other extended two or three feet over the railroad track, when it became necessary for the…
2Cases cited3 opinions
- Hoffman v. . N.Y. Cent. Hud. Riv. R.R. Co.New York Court of Appeals · 1881
- Remer v. Long Island RailroadNew York Supreme Court · 1888
- White v. New York Central & Hudson River RailroadNew York Supreme Court · 1892