Citrone v. O'Rourke Engineering Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the O’Rourke Engineering Construction Company, from a judgment of the Supreme Court in favor. of the plaintiff, entered in the office of the clerk of the county of Richmond on the 17th day of March, 1905, upon the verdict of a jury for $4,250, and also from an order entered in said clerk’s office on the lltli day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
■ The plaintiff was set to work in a trench. He reported that the place was unsafe from stones above in the side of the trench that might fall on him. The trench was sheathed and braced up on each side, but not all the way to the top, and the stones were above the sheathing. The foreman in charge of the work and who employed the plaintiff told him “ to go to work and after dinner he would fix it.” This happened at about 8:30 o’clock' in the forenoon. The plaintiff went to work, induced by the promise, and the stones fell on him at 10 : 30 o’clock.
The master is of course always free…
2Cases cited3 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
3Cited by11 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Poole v. American Linseed Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Altman v. Schwab Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1907
- Wills v. Terminal R.R. Assoc. of St. LouisMissouri Court of Appeals · 1947
- Schultis v. Waterbury Co.Appellate Division of the Supreme Court of the State of New York · 1912
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