Constantino v. . Watson Contracting Co.
New York Court of Appeals
Appeal from a judgment, entered June 12, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing the dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered June 12, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing the dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Since the evidence presented a question of fact for the jury, the Appellate Division, on reversing the judgment, should have granted a new trial instead of dismissing the complaint. (Fealey v. Bull, 163 N. Y. 397; McDonald v. Met. St. Ry. Co., 167 N. Y. 66;…
1Opinion of the CourtCardozo, J.
This is an action for injuries resulting in death. One Grilmartin was the owner of a house and lot in the city of Yew York. A new street was opened at a lower grade, and the defendant was employed to grade it. About five feet of earth remained between the new street line and the house, and this earth the defendant undertook to remove for the owner. As a result of the change of grade the portico had been demolished, but its roof was left, and was supported by timbers fastened firmly in the ground. While the house was in this condition, Grilmartin made a contract with a mason, one Marino, to…
2Cases cited6 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Meisle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- E. L. Farmer & Company, a Corporation v. Marshall W. Hooks and American Motorists Insurance CompanyCourt of Appeals for the Tenth Circuit · 1957
- Mideastern Contracting Corporation v. O'TOOLECourt of Appeals for the Second Circuit · 1932
8 more not listed; retrieve them via the Exa API.