Legal Opinion
Miller v. United States Gypsum Co.
Court of Appeals for the Second Circuit
Decided April 4, 1938No. 214PublishedCited by 4 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
This is an appeal from a judgment dismissing the amended complaint in an action to recover damages for injuries to plaintiffs intestate P'rank Miller resulting from silica dust inhaled in the defendant’s factory. Pie was employed by the defendant, United States Gypsum Company, at its plant in Oakfield, Genesee county, New York, in and prior to the year 1927. On July 30, 1935, he commenced an action against the defendant, which was dismissed because it was barred by the statute of.limitations. Civil Practice Act N.Y. § 49. An appeal taken from the judgment was…
2Cases cited8 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by4 opinions
- Weinberger v. New York Stock ExchangeDistrict Court, S.D. New York · 1971
- Maher v. J. R. Williston & Beane, Inc.District Court, S.D. New York · 1967
- Koblitz v. Baltimore & Ohio RailroadDistrict Court, S.D. New York · 1958
- Condra v. Leslie & Clay Coal Co.District Court, E.D. Kentucky · 1952