Colligan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court hr favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 20th day of February, 1912, upon the verdict of a jury in favor of the plaintiff for $11,000, as resettled by an order entered in said clerk’s office on the 18th day of March, 1912, and also from an order entered in said clerk’s office on the 20th day of February, 1912, denying the defendant’s motion…
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court hr favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 20th day of February, 1912, upon the verdict of a jury in favor of the plaintiff for $11,000, as resettled by an order entered in said clerk’s office on the 18th day of March, 1912, and also from an order entered in said clerk’s office on the 20th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff’s intestate was one of a gang of twelve or fifteen men engaged in the construction of a shaft in connection with the Catskill water works at Cornwall, 1ST. Y., on the 10th day of January, 1911, and at about ten o’clock in the evening of that day, about two hours before the end of the eight-hour shift, he was struck on the head by a falling stone from the side of the shaft and fatally injured. This stone weighed several hundred pounds, and the fall was due to a cause which is not explained. It appears that during the year that this shaft had been under construction…
2Cases cited2 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Truesdell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Mankes v. FishmanAppellate Division of the Supreme Court of the State of New York · 1914
- Colligan v. City of New YorkNew York Supreme Court · 1914