Boyle v. McNulty Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hugh Boyle, from a judgment of the Supreme Court in favor of the defendant McNulty Brothers, entered in the office of the clerk of the county of Queens on the 23d day of May, 1908, upon an order made at the Queens County Trial Term and entered in said clerk’s office on the 20th day of May, 1908, setting aside the verdict of a jury in favor of the plaintiff for $5,000, and dismissing the complaint as to the said defendant McNulty Brothers; and also…
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Appeal by the plaintiff, Hugh Boyle, from a judgment of the Supreme Court in favor of the defendant McNulty Brothers, entered in the office of the clerk of the county of Queens on the 23d day of May, 1908, upon an order made at the Queens County Trial Term and entered in said clerk’s office on the 20th day of May, 1908, setting aside the verdict of a jury in favor of the plaintiff for $5,000, and dismissing the complaint as to the said defendant McNulty Brothers; and also from the said order pursuant to which the judgment appealed from was entered.
1Opinion of the Court
Miller, J.:
This is a negligence suit brought under the Employers’ Liability Act. The plaintiff’s injuries resulted from a fall down an elevator shaft from the third floor of a building in course of construction, caused by the sudden starting of a hod-lioist under the following circumstances: The plaintiff had been directed by the foreman of the defendant McNulty Brothers to unload three elevator loads of sand on the third floor of the building. The work was done in the following manner: The sand was put on wheelbarrows and wheeled onto the hoist in the basement, a signal of one bell was given…
2Cases cited1 opinion
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
3Cited by2 opinions
- Buckley v. BeinhauerAppellate Division of the Supreme Court of the State of New York · 1910
- Cain v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1912