Di Salvo v. M. Larkin & Son, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, in favor of plaintiff after a trial by a judge without a jury..
1Opinion of the CourtBijur, J.
Plaintiff, who was working for a general contractor, erecting a building, was injured through the negligence of a driver engaged in delivering sand at a building. This driver was in the employ of defendant-appellant Larkin, who, however, was not a contractor on this building. Defendant Keating was the contractor to deliver sand. In brief, the testimony is that when Keating needed more wagons than he had available his foreman telephoned Larkin for teams or wagons. Larkin would thereupon send such wagons with teams and drivers as he could spare to the dock on which the sand lay. Keating’s men…
2Cases cited7 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Howard v. . LudwigNew York Court of Appeals · 1902
- Weaver v. JacksonAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by3 opinions
- Thayer v. KirchhofSupreme Court of Colorado · 1928
- De Perri v. Motor Haulage Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Diamond v. Sternberg Motor Truck Co.Appellate Terms of the Supreme Court of New York · 1914