Maloney v. Levy & Gilliland Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Levy & Gilliland Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of June, 1916, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action is to recover damages for the negligent causing of the déath of the plaintiff’s intestate.
The defendant was engaged in transporting and setting up a nine-thousand gallon tank from the railroad to a position on the roof of a building, where it was to be connected with a sprinkler system to be installed by others. The tank was of iron, twenty-seven and a half feet long, cylindrical in form, seven and one-half feet in diameter, and weighing, as variously estimated, from seven and one-half to nine tons. This tank had been hoisted over a coping fourteen feet above the roof and…
2Cases cited3 opinions
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
- Claim of Wilson v. C. Dorflinger & SonsNew York Court of Appeals · 1916
- Claim of Aylesworth v. Phœnix Cheese Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- People v. SommervilleNew York Court of Special Session · 1938