Fuller v. Mulcahy & Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine Mary Fuller, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, Mulcahy & Gibson, entered in the office of the clerk of the county of New York on the 16th day of February, 1914, upon the dismissal of the complaint by direction of the court as to the respondent at the close of the plaintiff’s case upon a trial before the court and a jury, and also, as stated in the notice of appeal, from the decision…
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Appeal by the plaintiff, Catherine Mary Fuller, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, Mulcahy & Gibson, entered in the office of the clerk of the county of New York on the 16th day of February, 1914, upon the dismissal of the complaint by direction of the court as to the respondent at the close of the plaintiff’s case upon a trial before the court and a jury, and also, as stated in the notice of appeal, from the decision made by the court at the time of the dismissal of the complaint.
1Opinion of the Court
Scott, J.:
Respondent, as sub-contractor for the George A. Fuller Company, was engaged in erecting the steel work of a building in course of construction in the city of New York. Plaintiff’s intestate was a steel worker, and on April 16, 1912, he was engaged as a workman by one Dilley, who was foreman or superintendent for respondent. This occurred about nine or ten o’clock in the forenoon, and the arrangement was that plaintiff’s intestate should actually go to work at the noon hour. Dilley, the superintendent, invited or directed the deceased to go into the building to select the tools with…
2Cases cited3 opinions
- Bohnhoff v. . FischerNew York Court of Appeals · 1914
- Huston v. DobsonAppellate Division of the Supreme Court of the State of New York · 1910
- Muench v. Steel & Masonry Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by10 opinions
- Iacono v. Frank & Frank Contracting Co.New York Court of Appeals · 1932
- Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
- Persichilli v. Triborough Bridge & Tunnel AuthorityNew York Court of Appeals · 1965
- Ryan v. Morse Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Borshowsky v. B. Altman & Co.Appellate Division of the Supreme Court of the State of New York · 1952
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