Darton v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jane L. Barton, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1908, upon the dismissal of the complaint by direction of the court upon the plaintiff’s opening at the New Yopk .Trial Term.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from a judgment entered upon the dismissal of her complaint upon the opening. The complaint is based upon the Employers’ Liability Act (Laws of 1902, chap. 600), and charges the defendant with failing to provide a reasonably safe place to work. The gravamen of the complaint is that plaintiff’s intestate was required in the performance of his work to walk along a narrow board walk between the tracks; that this was negligently and unnecessarily obstructed by a fuse box raised about eight inches above the board walk; that deceased without negligence on his part…
2Cases cited1 opinion
- Hoffman House v. . FooteNew York Court of Appeals · 1902
3Cited by4 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Black v. JudelsohnAppellate Division of the Supreme Court of the State of New York · 1937
- Backman v. RodgersAppellate Division of the Supreme Court of the State of New York · 1912
- Stines v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1974