Legal Opinion

Greif v. Buffalo Lockport & Rochester Railway Co.

New York Court of Appeals

Decided April 9, 1912PublishedCited by 8 opinions

Appeal from a judgment entered June. 26, 1911, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the nonsuit granted at the Trial Term. The nature of the action and the facts, so far as1 material, are stated in the opinion.

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Appeal from a judgment entered June. 26, 1911, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on the nonsuit granted at the Trial Term. The nature of the action and the facts, so far as1 material, are stated in the opinion. The court erred in holding that the statement in the notice that Greif was attempting to insert the pole in the socket when he received the shock made…

1Opinion of the CourtHaight, J.

This action was brought under the Employers’ Liability Act to recover damages arising from the death of plaintiff’s husband, Frederick Greif, an employee of the defendant, resulting from a fall from the top -of one of defendant’s cars on the 19th day of January, 1909. The plaintiff’s intestate entered the employ of the defendant in September, 1908, and for sev eral weeks prior to the accident he had heen assigned to duty as night watchman, car cleaner, janitor of the offices and occasional helper of Otis J. Oarr, the car inspector, whenever he needed assistance in making minor or temporary…

2Cases cited2 opinions

  1. Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
  2. Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910

3Cited by8 opinions

  1. Sackheim v. . PigueronNew York Court of Appeals · 1915
  2. Larkin v. New York Telephone Co.New York Court of Appeals · 1917
  3. Sackheim v. PigueronAppellate Division of the Supreme Court of the State of New York · 1914
  4. Clancy v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1913
  5. Nappa v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1913

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