Mortensen v. Magoba Constr. Co.

• Citation: 162 N.E. 531,248 N.Y. 577
• Parties: James M. MORTENSEN, Respondent, v. MAGOBA CONSTRUCTION COMPANY, Inc., Appellant, Impleaded with Another.
• Decision Date: 29 May 1928
• Court: New York Court of Appeals

248 N.Y. 577

162 N.E. 531

James M. MORTENSEN, Respondent,

v.MAGOBA CONSTRUCTION COMPANY, Inc., Appellant, Impleaded with Another.

Court of Appeals of New York.

May 29, 1928.

Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (222 App. Div. 773, 225 N. Y. S. 868), entered December 29, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Defendant appellant was the general contractor erecting a building. Plaintiff was employed by a subcontractor. Another subcontractor had installed concrete flooring on the first floor and its workmen had placed bags of cement on a portion thereof. While plaintiff was walking across this floor it gave way and he was precipitated into the cellar, receiving the injuries complained of.

George J. Stacy and James J. Mahoney, both of New York City, for appellant.

Harold R. Median and Jacquin Frank, both of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

CARDOZO, C. J., and CRANE, ANDREWS, LEHMAN, KELLOGG, and O'BRIEN, JJ., concur.

POUND, J., not sitting.