Finnigan v. New York Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 18, 1908, 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 first judicial department, entered August 18, 1908, 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. The notice under the Employers’ Liability Act was sufficient, because it correctly described the failure of the defendant to inspect as the cause of the accident. (Ortolano v. D. C. Co., 104 N. Y. Supp. 1064; Darry v. D. D. Co., 121 App. Div. 10; O'Donnell v. Parker,…
1Opinion of the CourtHiscock, J.
Plaintiff’s intestate was killed while engaged in the discharge of his duties as an employee of the defend ant. The latter was carrying on a contract which required the removal of rock by means of drilling and blasting. On one occasion one of a series of several charges of dynamite placed in a corresponding series of holes did not explode as it was intended it should. Thereafter, through the negligence of defendant’s superintendent, as alleged, this unexploded charge was not discovered and removed, and intestate, being ignorant of the situation, was placed at work near the same where he was…
2Cases cited1 opinion
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
3Cited by31 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Rodzborski v. . American Sugar Refining Co.New York Court of Appeals · 1914
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Martin v. Walker & Williams Manufacturing Co.New York Court of Appeals · 1910
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