Adams v. Post & McCord
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Post & McCord, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of December, 1910, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 24th day of December, 1910, denying the defendant’s motion for anew trial made upon the minutes.' ■
1Opinion of the Court
Burr, J.:
We think that this case was submitted to the jury upon a ground not warranted by the complaint as limited by the bill of particulars,- and that defendant was justified in being unprepared to meet the issue thus tendered.
Plaintiff’s intestate was employed by defendant as a structural ironworker. On the 7th day of August, 1907, in the afternoon of that day, he, with his coemployees, was engaged in raising the mast of a derrick from the sixteenth to the eighteenth floor of a building in process of erection in the borough of Manhattan. While they were thus engaged, as plaintiff contends,…
2Cases cited2 opinions
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910