Zukas v. Lehigh Valley Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lehigh Valley Coal Company, 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 21st day of February, 1918, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 5th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Mills, J.:
The claim of the plaintiff was and is that he and two fellow-workmen in defendant’s mine in Pennsylvania were carrying a timber prop, seven feet long and twelve inches by twelve inches, weighing about 500 pounds, up the manway of a breast or chamber in the mine having a pitch of about forty-five degrees, when a rock, which for some time had appeared to be loose and was unsupported, fell from the roof and struck the plaintiff’s leg, crushing it. The case was previously tried before the same justice and a jury, and that trial resulted in a disagreement.
Under the law, as settled by…
2Cited by5 opinions
- Cherry Creek National Bank v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Kligman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
- Weinstein v. ProstkoffNew York Supreme Court · 1959
- Gutin v. Frank Mascali & SonsNew York Supreme Court · 1960
- Harris v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1936