Mahoney v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cayuga Lake Cement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the «county of Tompkins on the 8th day of January, 1907, upon the verdict of a jury and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Cayuga Lake Cement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the «county of Tompkins on the 8th day of January, 1907, upon the verdict of a jury and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The appeal in this case was taken to the Appellate Division, third department, and the four justices qualified to hear the appeal were equally divided, and thereupon that court directed the appeal to be sent to this department for…
1Opinion of the Court
Spring, J.:
The action is in negligence by a servant against his employer, and is not brought in pursuance of the Employers’ Liability Act (Laws of 1902, chap. 600), so that the rights of the parties are to be measured by the rules of the common law. (Curran v. Manhattan R. Co., 118 App. Div. 347.)
In September, 1901, the defendant, a domestic corporation, was engaged in blasting or excavating in a quarry in the town of Lansing, in the county of Tompkins. The plaintiff was in its employ as a common laborer. Holes were drilled in the rock about ten feet in depth and an inch and a half in…
2Cases cited4 opinions
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Curran v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Fallon v. MertzAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Evans v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Mahoney v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1911