Scott v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad- 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 17th day of June, 1909, upon the verdict of a jury for $800, rendered by direction of. the court, and also from an order entered in said clerk’s office on .the 17th day of June, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff, with others, was employed as a driller to run a steam boring machine in excavating a tunnel for railroad purposes through Bergen hill, in Hoboken, H. J., and had been thus employed for several weeks prior to the happening of the accident for which he now seeks to recover damages for personal injuries. He had operated a drill of like kind for about eighteen years, and appears to have been a competent man. The tunnel which he was working in had proceeded into Bergen hill about 600 feet at the time of the accident. The process of excavating is described in *348the…
2Cases cited2 opinions
- Simone v. . KirkNew York Court of Appeals · 1902
- King v. FordAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Golesh v. Utah Apex Mining Co.Utah Supreme Court · 1916
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1912