McNamara v. . Eastman Kodak Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 31, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant, if liable at all, is liable only as a joint tort feasor with John L. Mullen. (McNamara v. Eastman Kodak Co., 220 N. Y. 180; Brogan v. Hanan, 55 App. Div. 92.) A release of one of two or more joint tort feasors releases all. (Barrett v. Third Ave.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 31, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The defendant, if liable at all, is liable only as a joint tort feasor with John L. Mullen. (McNamara v. Eastman Kodak Co., 220 N. Y. 180; Brogan v. Hanan, 55 App. Div. 92.) A release of one of two or more joint tort feasors releases all. (Barrett v. Third Ave. R. R. Co., 45 N. Y. 628; Gilbert v. Finch, 173 N. Y. 455; Brogan v. Hanan, 55 App. Div. 92.) There is no evidence tending to sustain the…
1Opinion of the Court
Hiscock, Ch. J.
Plaintiff’s intestate was in the employ of a contractor who was engaged in the construction of a building for the appellant. While so engaged he received injuries which caused his death and which injuries are claimed to have been the result of neglect of duty on the part both of the contractor and of the appellant. On a former appeal (McNamara v. Eastman Kodak Company, 220 N. Y. 180) we upheld this view deciding that on the evidence then presented a jury could be permitted to say that appellant had been guilty of actionable negligence in respect of intestate. We do not think…
2Cases cited5 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Grimes v. SandersSupreme Court of the United States · 1876
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- McGue v. RommelCalifornia Supreme Court · 1906
- McNamara v. . Eastman Kodak Co.New York Court of Appeals · 1917
3Cited by22 opinions
- United States v. SillimanCourt of Appeals for the Third Circuit · 1948
- Gilbert v. RothschildNew York Court of Appeals · 1939
- Lucio v. CurranNew York Court of Appeals · 1956
- Brassel v. Electric Welding Co. of AmericaNew York Court of Appeals · 1924
- Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
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