Rock v. New Jersey & Pennsylvania Concentrating Works — 59 N.Y. St. Rep. 610

Majority

p. 610

William Rock, Resp’t, v. New Jersey and Pennsylvania Concentrating Works, App’lt.

(Supreme Court, General Term, Second Department,

Filed February 12, 1894)

Headnote

Master and Servant.

Where a person is, among others, furnished to a contractor by the defendant and, by the latter's foreman, put into a dangerous place where he receives an injury, he can recover against the defendant.

Appeal from a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes.

Theo. B, Steele, for app’lt; John M. Gardner, for resp’t.

We think the circuit judge ruled correctly on all points and that no error of law was committed. The point made by defendant that the building was being erected by an independent contractor, and that he only should be held responsible, cannot be available upon the facts shown. The plaintiff was not in the service of the contractor, but of defendant. The contractor, being short of laborers, “borrowed” from defendant a gang of men, among whom was the plaintiff. Under the orders of defendant’s foreman, he was put into a dangerous place, where he received his injuries. Upon the facts, he could recover against the contractor, and also against the defendant. His action was therefore well brought, and the verdict must stand.

Judgment affirmed, with costs.