Doyle v. Baird
New York Court of Common Pleas
Appeal from trial term. On the 17th of September, 1880, James Baird was engaged, under a contract with the city of New York, in laying large water-mains or pipes in Eighty-Fifth street. For such purpose a cut had been excavated about nine feet deep and seven feet wide. Dominick Doyle was one of Baird’s employes, and on said day he was ordered by Baird’s foreman to go to the bottom of said cut, and prepare the bed-place for one of the mains then about to be lowered.
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Appeal from trial term. On the 17th of September, 1880, James Baird was engaged, under a contract with the city of New York, in laying large water-mains or pipes in Eighty-Fifth street. For such purpose a cut had been excavated about nine feet deep and seven feet wide. Dominick Doyle was one of Baird’s employes, and on said day he was ordered by Baird’s foreman to go to the bottom of said cut, and prepare the bed-place for one of the mains then about to be lowered. While so engaged the sides of the trench caved in on Doyle and his fellow-workmen. He sustained serious injury, which he claims…
1Opinion of the Court
Larremore, G. J.
Counsel for respondent contends that there is no proof in the case tending to show that the employer had neglected to protect the side walls of the trench so that a cave-in could not occur. But in this he errs. Plaintiff testifies that “ there had not been any supports of any kind used to sustain the banks at the time.” The witness Daniel Doyle also says that “there were no timber or braces that I saw in that point. I mean that open space. ” This evidence must be considered, in connection with the fact that all of plaintiff’s expert witnesses concur in the opinion that in a…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Cahill v. . HiltonNew York Court of Appeals · 1887
- McGrath v. WalshNew York Court of Common Pleas · 1889
3Cited by6 opinions
- Schmit v. GillenAppellate Division of the Supreme Court of the State of New York · 1899
- Carlson v. Sioux Falls Water Co.South Dakota Supreme Court · 1894
- Guliano v. WhitenackNew York Court of Common Pleas · 1894
- Leddy v. CarleyNew York Supreme Court · 1912
- Flynn v. HarlowThe Superior Court of New York City · 1892
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