(DOWNLOAD) "Lorraine Smullen v. City New York" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Lorraine Smullen v. City New York
- Author : Court of Appeals of New York
- Release Date : January 25, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[28 N.Y.2d 66 Page 68] Plaintiff's intestate, while employed by an excavation subcontractor engaged in the construction of a private sewer line
in a city street, was killed by the cave-in of the trench in which he was working. His administratrix brought this wrongful
death action against the general contractor and the City of New York and at Trial Term had a verdict against the city. The
jury exonerated the general contractor and that determination was not appealed. Upon the city's appeal from the judgment entered
upon the verdict against it, the Appellate Division, with two Justices dissenting, reversed, on the law, and dismissed the
complaint, while affirming the findings of fact implicit in the verdict. Our discussion will, of course, treat the proof in
the light most favorable to plaintiff.