Garcone v. Thomas & Buckley Hoisting Co. — 226 N.Y. 652

Majority

p. 652

Vincenzo Garcone, Respondent, v. Thomas & Buckley Hoisting Company, Appellant.

Headnote

Garcone v. Thomas & Buckley Hoisting Co., 177 App. Div. 885 , affirmed.

(Argued April 16, 1919;

decided May 2, 1919.)

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

p. 653

entered March 1, 1917, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant. Defendant was operating a “ hoist ” in a building under construction in New York city. Plaintiff, an employee of another contractor, was engaged in placing a loaded wheelbarrow on the hoist, when it started upward without warning, catching the plaintiff and crushing him between, the platform of the hoist and the ceiling of the first floor of the building, causing the injuries complained of. The defense was contributory negligence. Also that the hoist was started by the defendant’s operator upon his receiving the proper signal from one of plaintiff’s fellow-servants.

James S. Darcy, Charles H. Bailey and Edward D. Loughman for appellant.

S. F. Peavey, Jr., for respondent.

Judgment affirmed, with costs; no opinion.

Concur : Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan and Crane, JJ. Not sitting: McLaughlin. J.