Schoonmaker v. Pittsburgh Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pittsburgh Contracting Company, 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 20th day of January, 1915, upon the verdict of a jury for $10,000, 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.
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Appeal by the defendant, Pittsburgh Contracting Company, 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 20th day of January, 1915, upon the verdict of a jury for $10,000, 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. By motion papers submitted at the argument it appears that since taking this appeal defendant was adjudicated a bankrupt in the District Court for the Southern District of New York on June 23, 1915. After…
1Opinion of the Court
Putnam, J.:
Plaintiff’s intestate met his death in shaft No. 11, a tunnel seventeen feet in height and fourteen feet wide, which defendant was driving in rock near One Hundred and Twenty-first street, in New York, for the new city aqueduct. The tunnel *50ran north and south from the shaft entrance or drift. The excavation first takes out the upper part, leaving, somewhat above the intended floor, a bottom which is termed a “ bench.”
Along the west side of the tunnel were electric lighting wires running from the drift entrance up to the heading, and attached to the side about six or seven feet high…
2Cases cited3 opinions
- Bailey v. Rome, Watertown & Ogdensburg RailroadNew York Court of Appeals · 1893
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Eddery v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by4 opinions
- Burd v. BleischerAppellate Division of the Supreme Court of the State of New York · 1924
- Carroll v. HannonSupreme Court of Pennsylvania · 1927
- Kagey v. Fox West Coast Theatres Corp.Supreme Court of Kansas · 1934
- Bishop v. Kingston Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1917