Muench v. Terry & Tench Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Terry and Tench 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 23d day of February, 1911, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This appeal is by the defendant from a judgment in favor of the plaintiff in an action for negligence. The complaint alleges a cause of action under the common law and also under the Employers’ Liability Act.
The.action was tried upon the theory that plaintiff was injured as the result of negligence of the foreman in charge of the work upon which the plaintiff was engaged, in directing plaintiff and another employee of defendant to cut out iron rivets with an improper tool which needlessly exposed plaintiff to danger. The notice alleges, “the cause of my injury was a piece of steel…
2Cases cited6 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
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3Cited by2 opinions
- Jennings v. Degnon Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Muench v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1915