Quinlan v. . Lackawanna Steel Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The act of Iinapp in turning on the electricity was an act performed in the prosecution of defendant’s work, and was an act of superintendence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The act of Iinapp in turning on the electricity was an act performed in the prosecution of defendant’s work, and was an act of superintendence. (Roche v. Lowell Bleachery, 181 Mass. 480; McPhee v. N. E. S. Co., 188 Mass. 141; McBride v. N. Y. T. Co., 101 App. Div. 452;…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a persona] injury. The plaintiff was in the employ of the defendant, engaged in operating an electric crane in the defendant’s plate shop. The building was about seventy-five feet in width' and several hundred feet in length. The crane was about thirty feet high, constructed in such a manner that it could he run upon railroad tracks lengthwise through the building, having at the top heavy steel girders running crosswise of the building, upon which a carriage with tackle could he run hack and forth, so that the material which was used in the…
2Cited by6 opinions
- Famborille v. Atlantic, Gulf & Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Larson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Pelow v. . Oswego Construction Co.New York Court of Appeals · 1916
- Pratt v. McKeeAppellate Division of the Supreme Court of the State of New York · 1911
- Hess v. FurstAppellate Terms of the Supreme Court of New York · 1909
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