Mahoney v. . Cayuga Lake Cement Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the • action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the • action and the facts, so far as material, are stated in the opinion. Defendant is liable for the act of its superintendent in charge of the work in compelling plaintiff, an inexperienced man, to undertake the extremely dangerous and hazardous business of exploding the dynamite cartridge. (4 Thomp. on Neg. §§ 4676, 4962; Simone v. Kirk,…
1Opinion of the CourtMiller, J.
This is an action by servant against master to recover damages for injuries alleged to have been caused by the latter’s negligence. There is evidence tending to establish the following facts: The defendant was engaged in excavating in a quarry and in building a tramway to carry, rock to its factory, a quarter or a half mile from the quarry. The plaintiff was employed as a common laborer at $1.50 a day. He was put at work sifting sand, breaking stones, loading wagons and drilling holes in the rock for blasting. The method employed in blasting was to drill holes from nine to ten feet deep and…
2Cases cited3 opinions
- Simone v. . KirkNew York Court of Appeals · 1902
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Pelow v. . Oil Well Supply Co.New York Court of Appeals · 1909
3Cited by6 opinions
- E. J. O'Brien & Co. v. Shelton's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
- Louisville N. R. Co. v. HallSupreme Court of Alabama · 1931
- Mautsewich v. United States Gypsum Co.New York Court of Appeals · 1916
- DeNardo v. Stephens-Jackson Co.Supreme Court of Pennsylvania · 1918
- Adzerycha v. Holbrook, Cabot & Rollins Corp.New York Supreme Court · 1917
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