Appellate Division of the Supreme Court of the State of New York November 6, 1908 (Toppi v. McDonald)

lead-opinion

Clarke, J.:

The defendant was engaged in constructing a tunnel from Fort George southerly as a part of the rapid- transit subway in the city of New York. The tunnel was being driven through rock known as Manhattan schist. The rock was of such a character as to require support of the roof of- the tunnel.