Gallagher v. . Newman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. 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 first judicial department, entered April 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Brady, even if a foreman, was performing a detail of the work and exercising the judgment of a fellow-servant when he performed the act of turning on the power at the time of the accident, and the court erred in refusing to so charge. (Quinlan v. L. S. Co., 107 App. Div.…
1Opinion of the CourtHiscock, J.
This action was brought under the Employers’ Liability Act (Laws of 1902, chapter 600) to recover damages for the death of plaintiff’s intestate, which resulted from his being caught in some shafting while engaged as a workman in defendant’s factory. The accident was caused by what may be assumed upon this argument to have been the negligent act of one Brady in setting in motion the shaft upon which intestate was working, without warning, said Brady being, as it also may be assumed, appellant’s superintendent of the room and machinery wherein and whereon the intestate was injured.
Amongst…
2Cases cited4 opinions
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- In Re the Accounting of RothschildNew York Court of Appeals · 1907
3Cited by6 opinions
- Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910
- Lewis v. Koller & Smith, Inc.U.S. Circuit Court for the District of Southern New York · 1911
- Martin v. CornellAppellate Division of the Supreme Court of the State of New York · 1910
- Pratt v. McKeeAppellate Division of the Supreme Court of the State of New York · 1909
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