Pelow v. Oswego Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Oswego Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1913, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 23d day of October, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
Two men in defendant’s employ were engaged in erecting forms for concrete construction. One of them was hurt through the carelessness of the ether. The question is whether the defendant employer is liable to the injured man for such carelessness.
The careless man, who was acting as foreman, directed the plaintiff, who was a carpenter, to stand upon the top of a “key” made of twelve-inch boards nailed together in the form of a trough, some eight or ten feet long, which was standing upright, leaning against the concrete forms, and assured him that he would hold the ‘ ‘ key ” safely,…
2Cases cited1 opinion
- Famborille v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Gilpin v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915
- O'Connor v. James Stewart & Co.New York Supreme Court · 1916