Famborille v. Atlantic, Gulf & Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Luigi Famborille, as administrator, etc., from an order of the Supreme Court, made at the Sara-toga Trial Term and entered in the office of the clerk of the county of Saratoga on the 17th day of September, 1912, setting aside the verdict of a jury for $2,500 in plaintiff’s favor and granting a new trial of the issues.
1Opinion of the Court
Lyon, J.:
Plaintiff’s intestate at the time of his death was a deckhand in the employ of the defendant on its dredge, which was being used by defendant about one mile south of Fort Ann in removing earth from the bottom of the barge canal. The dredge was stationed in the center of the canal, which at that point was about 100 feet wide and filled with water. Plaintiff’s intestate was employed in the day shift and commenced work at eight o’clock in the morning. It was customary for the defendant to take its employees from Fort Ann, where plaintiff’s intestate resided, to the dredge on a steam…
2Cases cited7 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Vick v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- McGuirk v. ShattuckMassachusetts Supreme Judicial Court · 1893
- Foster v. . International Paper Co.New York Court of Appeals · 1905
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3Cited by11 opinions
- Maguire v. . BarrettNew York Court of Appeals · 1918
- People ex rel. H. D. H. Realty Corp. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1920
- McKeon v. ManzeNew York Supreme Court · 1916
- Gorman v. JaffaMichigan Supreme Court · 1929
- Hall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
6 more not listed; retrieve them via the Exa API.