Legal Opinion

Cox v. Don's Welding Service, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1977PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously reversed, on the law and facts, with costs to plaintiff, and a new trial granted. Memorandum: On April 17, 1972 John J. Stachera, plaintiff’s intestate, employed as a construction worker, was killed when he was struck on the head with a metal boom attached to a metal sleeve welded to a Caterpillar front-end loader. Plaintiff brought this suit against defendant, Don’s Welding Service, Inc., for negligence, breach of warranty and wrongful death. The complaint asserted that defendant failed properly to weld the boom to the multipurpose bucket on the Caterpillar front-end…

2Cases cited3 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  3. Bartkowiak v. St. Adalbert's Roman Catholic Church SocietyAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by6 opinions

  1. Dolitsky v. Bay Isle Oil Co.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Keefner v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1980
  3. Crowley v. BrownAppellate Division of the Supreme Court of the State of New York · 1982
  4. Harris v. CoolAppellate Division of the Supreme Court of the State of New York · 1981
  5. Jeras v. East Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1990

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