Fitzgerald v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Egbert David Fitzgerald, an infant, by Mary Josephine Higgins, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 13th day of June, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term. •
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages for injuries sustained by the infant plaintiff under the following circumstances: The defendant was a contractor employed by the city of Hew York to construct a sewer in Longwood avenue, a highway projected but not completed in the extreme northern part of the city of Hew York. In excavating a trench in which the sewer was to be laid, the defendant made use of a machine or apparatus known as a winch, by which fragments of stone were lifted from the excavation to the. surface of the land. This apparatus consisted of a framework in which…
2Cases cited3 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Gay v. Essex Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1893
3Cited by10 opinions
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Hall v. . New York Telephone Co.New York Court of Appeals · 1915
- Beickert v. G. M. Laboratories, Inc.New York Court of Appeals · 1926
- Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Nichol v. Bell Telephone Co.Supreme Court of Pennsylvania · 1920
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