Moore v. McNeil
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Donald McNeil and another, composing the firm of McNeil Bros., 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 April, 1898, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 28th day of April, 1898, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff was engaged as one of a gang of laborers in the employ of the defendants, who were making repairs “ tween decks ” of the steamer Vero?ia, on May 5, 1897, in the Atlantic basin, at Brooklyn. In the course of the work it became necessary to erect a scaffolding between decks. This scaffolding had been partly completed, and the plaintiff was assisting in its construction and standing upon it, hauling up a plank, when another man jumped down on the scaffolding and one of the planks broke, precipitating the plaintiff into the hold. The immediate foreman of the gang…
2Cases cited4 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Stourbridge v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Watts v. BeardAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Ivers v. Minnesota Dock Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Warszawski v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1901