King v. Ford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Porter D. Ford and another, 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 23d day' of October, 1906, upon the verdict'of a jury for $7,500, with notice of an intention to bring, up for review upon such appeal an order bearing date the 24th day of October, 1906, and entered in said clerk’s office, denying the defendants’ motion. for á new trial made upon the…
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Appeal by the defendants, Porter D. Ford and another, 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 23d day' of October, 1906, upon the verdict'of a jury for $7,500, with notice of an intention to bring, up for review upon such appeal an order bearing date the 24th day of October, 1906, and entered in said clerk’s office, denying the defendants’ motion. for á new trial made upon the minutes. / .
1Opinion of the Court
Woodward, J.:
The defendants-were' engaged as contractors in excavating earth and rock and'constructing certain cement walls at Ossining for. the Mew York Central, and .Hudson River Railroad Company on and prior to the 2d day of MarcR 1906. . Plaintiff’s intestate was an employee, of the defendants, and constituted one of the members of the gang engaged -in constructing tlié' cement. wall. Some days prior to the-second day of March, on which, date the plaintiff’s intestate was killed through. the falling of a rock upon him, a second gang, employed by. the defendant's^ had exploded a large…
2Cases cited1 opinion
- Perry v. . RogersNew York Court of Appeals · 1898
3Cited by1 opinion
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1910