Miller v. Twiname
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Twiname, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 1st day of June, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 10th day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The defendant is a general contractor, and in 1907 had a contract with the town of Harrison, Westchester county, to build 19,000 feet of highway macadam. In October of that year he had possession of a highway leading from Silver lake to Rye lake, in that town, for the purposes of his contract, and was engaged in macadamizing its surface. He leased a stone quarry on land adjacent to the highway, from which he was taking the stone necessary for such work, which was loosened by blasting. The photo graphs in evidence disclose that the quarry, where blasting was being done, was in a…
2Cases cited5 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Flynn v. Central RailroadNew York Court of Appeals · 1894
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
3Cited by6 opinions
- Gibson v. WomackCourt of Appeals of Kentucky (pre-1976) · 1927
- Henry Hall Sons' Co. v. Sundstrom & Stratton Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Marion Construction Co. v. SteepletonCourt of Appeals of Tennessee · 1931
- Hieber v. Central Kentucky Traction Co.Court of Appeals of Kentucky · 1911
- Rill v. ChiarellaNew York Supreme Court · 1966
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