Bell v. Consolidated Gas, Electric Light, Heat & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Orange county. Action by Ellen Bell, as administratrix of John Bell, deceased, against the Consolidated Gas, Electric Light, Heat & Power Company, for the wrongful killing of plaintiff’s intestate while in the .service of defendant. From a judgment dismissing the complaint, the plaintiff appeals.
1Opinion of the CourtPatterson, J.
We are unable to discover that the main facts appearing upon this record differ from those upon which the case was decided on a prior appeal by the appellate division in the Second department. 36 App. Div. 242, 56 N. Y. Supp. 780. It was there Feld that the negligence of the engineer employed by the defendant was that of a fellow servant of the plaintiff’s intestate, and that in the absence of evidence that an expert, other than an ordinary ■engineer, was needed in removing and replacing caps connected with the boiler tubes, and in making the test of-the safety of the boiler after cleaning…
2Cases cited1 opinion
- Bell v. Consolidated Gas, Electric Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1899