Legal Opinion

People v. Joseph

New York County Courts

Decided March 24, 1958PublishedCited by 13 opinions

1Opinion of the CourtNathan E. Sobel, J.

This case was tried without a jury. The defendants were charged with manslaughter in the second degree, committed without a design to effect death, by culpable negligence. (Penal Law, § 1052, subd. 3.)

The defendants are officers and employees of contractors engaged in the construction of the Brooklyn-Queens Expressway. Six children were killed as a result of a cave-in during excavation work on the project.

The Facts.

The project area can best be visualized as a triangle. The base of the triangle was at street level. Its two sides were Marcy Avenue and Grand Street Extension. The floor of the…

2Cases cited54 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  3. Martin v. HerzogNew York Court of Appeals · 1920
  4. People v. GroganNew York Court of Appeals · 1932
  5. People v. PennyCalifornia Supreme Court · 1955

49 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. TimsMichigan Supreme Court · 1995
  2. Wren v. StateAlaska Supreme Court · 1978
  3. People v. Smithtown General HospitalNew York Supreme Court · 1977
  4. People v. Buffington, New York County Courts1969
  5. People v. FraserAppellate Division of the Supreme Court of the State of New York · 1987

8 more not listed; retrieve them via the Exa API.

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