Lopisi v. Degnon Construction Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of Rew York, dismissing the plaintiffs complaint at the close of his case.
1Opinion of the Court
Bijur, "J.
This action was brought under the Employers’ Liability Law, for personal injuries to' plaintiff resulting from the alleged negligence of defendant.
*280Defendant was excavating the extensive tract west of Sixth avenue between Thirty-second and Thirty-third streets in this city. Plaintiff had been in defendant’s employ for a considerable time as helper to “ timber men,’1 placing braces to hold back exposed walls of earth. He 'was directed by a foreman on October 12, 1909, the day of the accident, to assist a gang of men who were removing rocks. While employed in fastening a chain around a…
2Cases cited9 opinions
- Perry v. . RogersNew York Court of Appeals · 1898
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
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3Cited by1 opinion
- Waters v. Thompson-Starrett Co.Appellate Terms of the Supreme Court of New York · 1913