Cocchia v. Rapid Addressing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Vincent Cocchia, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of December, 1915, upon a dismissal of the complaint by direction of the court at the close of the case.
1Opinion of the Court
Rich, J.:
At the close of the plaintiff’s case, his complaint was dismissed. The action is by an employee against the employer to *314recover for personal injuries alleged to have been sustained in consequence of the negligence of one of defendant’s employees having authority to direct, and is based on the provisions of subdivision 2 of section 200 of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], as amd. by Laws of 1910, chap. 352), which gives a cause of action against an employer to an employee who is himself in the exercise of due care and diligence when the injury is caused…
2Cases cited4 opinions
- Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Pelow v. . Oswego Construction Co.New York Court of Appeals · 1916
- Svendsen v. Frank McWilliams, Inc.Appellate Division of the Supreme Court of the State of New York · 1913
- Gilpin v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915