Tengstrom v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James M. Rodgers and another, 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 24th day of February, 1912, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 27th day of February, 1912, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This action is brought to recover the pecuniary injury resulting to the next of kin of Felix Tengstrom by reason of his death, alleged to be due to defendants’ negligence. It was submitted to the jury as an action under the common-law rule of servant against master.
The circumstances connected with the caving in of the excavation made for the construction of a sewer in Gold street, in the borough of Brooklyn, and from which the death of plaintiff’s intestate resulted, have been considered by this court in the cases of Brady v. City of New York and Di Crescenti v. City of New York (149…
2Cases cited1 opinion
- Brady v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Armenti v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1913