Limerick v. Holdsworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Holdsworth and another, doing business under the firm name, etc., 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 8th day of December, 1908, upon the verdict of á jury for $30,000, and also from an order entered in said clerk’s.office on the 14th day of December, 1908, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J. :
The plaintiff in this action, which ib brought to recover damages for personal injuries sustained by him while in the employ of the defendants, was engaged in driving a team hitched to a truck used for transporting heavy iron castings from the defendants’ foundry to points of delivery, and had been thus employed, using the same truck, for a period of several weeks prior to the 24th day of-April, 1905. On the date mentioned the plaintiff was directed by one of the defendants to take on a certain casting, weighing about 2,800 pounds, and to deliver the same at the Erie Basin. This…
2Cases cited3 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Scott v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Piper v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1918