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Elliott v. Turner Construction Co.

268 A.D. 1001 Court N.Y. App. Div. Decision date 1944-12-18 English

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p. 1001
William V. Elliott, Public Administrator of Kings County, as Administrator of the Estate of Ingvar Tofte, Deceased, Respondent, v. Turner Construction Company, Appellant.

Plaintiff’s intestate, an employee of a subcontractor, while working on a building being constructed by defendant — the general contractor — fell through an unguarded and unprotected opening or vent on the roof, suffering injuries which resulted in his death. Plaintiff recovered a verdict for $6,000, representing damages for the personal injuries suffered by the decedent and for his wrongful death. Defendant appeals. Judgment unanimously affirmed, with costs. No opinion. Present — Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ.