Pagnillo v. Mack Paving & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mack- Paving and Construction Company, from a.judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of .the county of Westchester on the 12th day of May, 1910, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 18th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The action is to recover damages for the death of Pagnillo, defendant’s servant. The court denied a motion, made after the jury was impaneled, to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. What fact does the complaint state to charge defendant with negligence ? The allegations in effect are that the deceased, while engaged in work required of him under his employment suffered mortal injuries caused solely by the negligence “ of the defendant and of the per*492son then and there entrusted by it with and then and there…
2Cases cited9 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Booth v. . BunceNew York Court of Appeals · 1864
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Piper v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1918
- Fairchild v. LeoAppellate Division of the Supreme Court of the State of New York · 1912
- Hicks v. Serano, New York County Courts1911
- Brengel v. HicksAppellate Division of the Supreme Court of the State of New York · 1913
- Newell v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1934
13 more not listed; retrieve them via the Exa API.