Boyle v. A. C. Cheney Piano Action Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Vincent Boyle, an infant, etc., from an order of the Supreme Court, made at the Rensselaer Trial Term and entered in the office of the clerk of the county of Rensselaer on the 22d day of March, 1920, dismissing the plaintiff’s complaint, and also an appeal by said plaintiff from the judgment entered in said clerk’s office upon said order.
1Dissent
John M. Kellogg, P. J. (dissenting):
At the trial the complaint was dismissed upon the ground that the remedy given to the employee against, the employer, under section 11 of the Workmen’s Compensation Law, excludes all other remedies.
The complaint showed that the plaintiff, a boy under sixteen years of age, was employed by the defendant in operating a saw in violation of subdivision 1 of section 93 of the Labor Law (as amd. by Laws of 1913, chap. 464). That section absolutely prohibits such employment. Its violation is a misdemeanor. (Penal Law, § 1275.) The boy, therefore, was injured by the…
Also in this document: Concurrence.
2Cases cited7 opinions
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Claim of Kenny v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
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