Lipstein v. Provident Loan Society of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Lipstein, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the comity of Kings on the 22d day of May, 1912, upon the dismissal of the complaint by direction of the court upon the opening, and also from an order entered in said clerk’s office on the 23d day of May, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J. :
This action is brought under the provisions of the Labor Law relating to the liability of employers carrying on business, for injuries sustained by persons in their employ. (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], §§ 200-204, as amd. by Laws of 1910, chap. 352.) This act provides that “When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or* had not been…
2Cases cited7 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Birmingham Furnace & Manufacturing Co. v. GrossSupreme Court of Alabama · 1892
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
- Coane v. American Distilling Co.New York Supreme Court · 1944
- Drury v. American Fruit Product Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Martin v. Matson Nat. Co.District Court, W.D. Washington · 1917
10 more not listed; retrieve them via the Exa API.