Potter v. Gilbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alma IT. Potter, as administratrix, etc., from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk óf the county of Dew York on the 14th day of December, 1907, upon the decision of the court, rendered after a trial at the Dew York Special Term, sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J. :
The demurrer is upon the ground that the complaint fails to state facts sufficient to constitute a canse of action. The action is brought *633to recover for the death of Alvin Potter, alleged to have been caused by the negligence of the defendant. On the 10th day of September, 1906, the decedent was in the employ of George A. Varney & Oo. as a carpenter, working on a building which his employer was erecting at Mineóla, L. I., under a ■ contract with Eobert Graves, who was the owner of the premises upon which the building was being constructed. The death of Potter was caused by the…
2Cases cited2 opinions
- Burke v. . IrelandNew York Court of Appeals · 1901
- Denny v. Manhattan Co.New York Supreme Court · 1846
3Cited by14 opinions
- Miller v. DeWittAppellate Court of Illinois · 1965
- Olsen v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1960
- A A Tube Testing Co. v. SohneAppellate Division of the Supreme Court of the State of New York · 1964
- Welch v. Grant Development Co.New York Supreme Court · 1983
- Higgins Lumber Co. v. RosamondMississippi Supreme Court · 1953
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