Havholm v. Whale Creek Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Whale Creek Iron Works, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 4th day of September, 1913, granting the plaintiff’s motion for a bill of particulars.
1Opinion of the Court
Stapleton, J.:
The action was brought under the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], art. 14, as amd. by Laws of 1910, chap. 352). The casualty occurred on the 15th day of January, 1912. The complaint charged that “without any fault on his part, but solely through the fault, carelessness and negligence of the defendant ” (specifying acts constituting actionable negligence), plaintiff’s left hand and fingers were caused to be drawn on to and against a circular saw while he was engaged in the performance of his labors and that thereby he was injured.
The answer contained a…
2Cases cited10 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Dwyer v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1907
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
- Spitz v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1902
- Dick v. Steel & Masonry Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Diderou v. Pinecrest Dunes, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- King v. CraddockAppellate Division of the Supreme Court of the State of New York · 1937
- Egan v. Tishman & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Fernet v. James Stewart & Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Fernet v. James Stewart & Co.New York Supreme Court · 1914
13 more not listed; retrieve them via the Exa API.