Lo Monaco v. Murphy Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Murphy 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 Hew k ork on the 16tli day of December, 1908, upon the verdict óf a jury for $5,000, and also from an order entered in said clerk’s office on the 15th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
On the 11th day of September, 1906, the plaintiff received injuries while in the employ of the defendant as a laborer, and he brings-this action to recover damages therefor and bases his action *675upon the Employers’ Liability Act (Laws of 1902, chap. 600). His right to recover depends upon whether one Domenico Borzanato was intrusted by the defendant with authority to superintend the execution of certain work, was exercising such authority at the time in question and his sole or principal duty was that of superintendence, or if not, then whether he was then acting as a…
2Cases cited2 opinions
- McBride v. New York Tunnel Co.Appellate Division of the Supreme Court of the State of New York · 1905
- McBride v. . New York Tunnel CompanyNew York Court of Appeals · 1907