Legal Opinion

Nulle v. Hardman, Peck & Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1918PublishedCited by 14 opinions

Appeal by the defendant, Hardman, Peck & Company, from. an. order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of April, 1918, denying defendant’s motion for judgment on the pleadings, consisting of a complaint, answer and reply.

1Opinion of the Court

Dowling, J.:

The real question involved herein is the sufficiency of the complaint, which defendant claims sets forth no cause of action. The action is brought to recover damages for the death of plaintiffs’ testator, Julius Nulle, .who was a night engineer employed by defendant in its piano factory at 542 West Fifty-second street, in the city of New York. It is set forth in the complaint that Nulle, while acting as night engineer in defendant’s employ on November 5, 1916, in the ordinary course ^of his employment and under the direction, supervision and control of the defendant, was…

2Cases cited4 opinions

  1. Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
  2. Shinnick v. Clover Farms Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Nilsen v. . American Bridge Co.New York Court of Appeals · 1917
  4. Nilsen v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by14 opinions

  1. Netherlands American Steam Nav. Co. v. GallagherCourt of Appeals for the Second Circuit · 1922
  2. Morris v. MuldoonAppellate Division of the Supreme Court of the State of New York · 1920
  3. Culhane v. Economical Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
  4. Rosario v. Waterman Steamship CorporationDistrict Court, S.D. New York · 1957
  5. In Re Industrial Transportation Corp.District Court, E.D. New York · 1972

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