Di Stefeno v. Peekskill Lighting & Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martino Di Stefeno, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Westchester on the 15th day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Westchester Trial Term. -
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff sues by virtue of the provisions of the Employers’ Liability Act (Laws of 1902, chap. 600), to recover damages for- the loss of' his leg by reason of injuries sustained while he was engaged . as a laborer in the defendant’s quarry. He was breaking a piece of stone with a sledge hammer under the express orders and direction ' of the defendant’s foreman, then apparently in sole charge of the work, and a piece of dynamite which had been carelessly left in the stone exploded from a blow of the plaintiff’s hammer and inflicted the injuries referred to. The learned…
2Cases cited2 opinions
- Welle v. . Celluloid Co.New York Court of Appeals · 1903
- Schermerhorn v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911
- Di Stefano v. Peekskill Lighting & RailroadAppellate Division of the Supreme Court of the State of New York · 1912