Malaverneri v. Turner Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Turner Construction Cornpany, from a judgment of the Supreme Court -in. favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 13th day of July, 1910, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 20th day of August, 1910, de'nying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is a negligence case, servant against master. There are several reasons for reversing the judgment, but it is necessary to consider but one, namely, that the plaintiff failed ‘to prove a cause of action. . The defendant was engaged in remodeling the factory buildings of a plaster manufacturer, while the industry of the latter continued. The plaintiff was employed by the defendant to carry gravel to a concrete machine. On the day of the accident he was told to carry window frames from the ground floor to the third floor of the building. His story is that he had worked until…
2Cases cited3 opinions
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Gray v. . Siegel-Cooper Co.New York Court of Appeals · 1907
- White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Johnson v. MauNorth Dakota Supreme Court · 1931
- Bittner v. Dolly Varden Chocolate Co.Ohio Court of Appeals · 1915
- Malaverneri v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912