Henry v. . Hudson Manhattan R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1910, 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. Facts sufficient to show negligence on the part of the defendant were proven and a judgment for the plaintiff based thereon would have been warranted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1910, 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. Facts sufficient to show negligence on the part of the defendant were proven and a judgment for the plaintiff based thereon would have been warranted. (Simone v. Kirk, 173 N. Y. 7.; Baccelli v. N. E. B. Co., 122 N. Y. Supp. 856; Pantzar v. T. F. M. Co., 99 N. Y. 368;…
1Opinion of the Court
Cullen, Ch. J.
The action was brought by the personal representatives of a deceased employee against his employer to recover damages for the death of the employee. The defendant was engaged in constructing a tunnel in Hew Jersey. The tunnel was being driven through a mass of rock. The method of work was to blast the rocks at the head of the tunnel by a gang of men called drillers, and the material cast down by the blast was loaded by another gang into a car and taken out of the tunnel. The plaintiff belonged to the last-named gang, who were called muckers. It was also the duty of the blasters…
2Cases cited4 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Di Vito v. . CrageNew York Court of Appeals · 1901
- Neagle v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1906
3Cited by14 opinions
- C. I. T. Corp. v. GuySupreme Court of Virginia · 1938
- Cherwien v. GeiterNew York Court of Appeals · 1936
- Zucchelli v. City Construction Co.New York Court of Appeals · 1958
- Maguire v. . BarrettNew York Court of Appeals · 1918
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1912
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