Riter-Conley Manufacturing Co. v. New York Central & Hudson River Railroad

Headnote

Riter-Conley Manfg. Co. v. N. Y. C. & H. R. R. R. Co., 162 App. Div. 933 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

entered April 10, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and upon an order dismissing defendant’s counterclaim. The action was brought to recover a balance due upon a contract for furnishing and erecting the steel work for a bridge. The answer alleged that by the contract for the work the plaintiff agreed to indemnify the defendant against the damages and expenses resulting from any accident to the plaintiff’s employees that might happen during the prosecution of the work, whether due to the negligence of the defendant or otherwise; that on January 1, 1909, four employees of a sub-contractor of plaintiff erecting the bridge, were injured, and two died of their injuries; that four negligence actions were commenced against the defendant; that in three of them judgments have been recovered against the defendant, for which, and expenses, the defendant seeks indemnity under the contract.