Smith v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Roland H. Russell and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 4th day of March, 1915, upon the verdict of a jury for $1,500 and also from orders entered in said clerk’s office on the 20th and 25th days of February, 1915, denying defendants’ motions for a new trial.
1Opinion of the Court
Woodward, J.:
The plaintiff was employed by the defendant Russell and was injured on July J, 1913. Russell had entered into a contract in writing with the defendant Northrop by the terms of which Russell was to do the excavating, construct the foundation and erect the walls of the two-story theatre building where the accident out of which this action arose occurred. The defendant Northrop was the owner of the premises, and he agreed to furnish and place in the walls as the work progressed all doors and window frames, as per plan; also floor and ceiling joist. The building had reached a stage…
2Cases cited2 opinions
- Duhme v. . Hamburg-American Packet Co.New York Court of Appeals · 1906
- Lorenzo v. FaillaceAppellate Division of the Supreme Court of the State of New York · 1909