Ludlow v. Groton Bridge Co.
New York Circuit Court
Action by O. Lavern Ludlow against the Groton Bridge Company for injury received by plaintiff, while in defendant’s employ, through the alleged negligence of Mr. Hemmingway, foreman of defendant's shop. Judgment of nonsuit.
1Opinion of the Court
SMITH, J. (orally).
I have taken some pains to examine this question. There is a case where a foreman had charge of removing a hatchway. . He had the sole right to employ and discharge men. The hatchway could be safely removed only by two or three persons acting together. The foreman ordered one person to remove the hatchway, and, although he was foreman in charge of the work, his act was held to be the act of a fellow servant. There is another case where there had been some blasting of rocks, and a foreman was in charge of the blasting, and one of the fuses did hot go off, and the foreman…
2Cases cited1 opinion
- Ballard v. Hitchcock Manufacturing Co.New York Supreme Court · 1893