Appellate Division of the Supreme Court of New York, 1916

Miklj v. Empire Limestone Co.

Miklj v. Empire Limestone Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1916
175 A.D. 968
Miklj v. Empire Limestone Co.

Opinion of the Court

— Plaintiff’s exceptions sustained and motion for new trial granted, with costs to the plaintiff to abide the event. Held, that the plaintiff made out a prima facie case for the jury upon the question of the negligence of the defendant’s foreman in directing the workmen to throw into the pit the block which injured plaintiff, without warning and adequately safeguarding him against injury while at work in the excavation. All concurred.

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