Legal Opinion

Dwyer v. Slattery

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1907PublishedCited by 26 opinions

Appeal by the defendant, John Slattery, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the connty of Mow York on the 17th day of December, 1906, denying the defendant’s motion for a bill of particulars.

1Opinion of the Court

Houghton, J.:

The action is by an employee to recover for injuries alleged to have been, caused by the negligence of the employer in the conduct . and management of blasting an excavation for a building.

The complaint-alleged, in general terms, that plain tiff was hit by flying rock and splinters scattered by the explosion through the carelessness and negligence of the defendant and his agents or. servants, and particularly because-of the failure of defendant .to make and enforce proper -rules for the safe conduct of such work and by the negligence of the person employed by the defendant to…

2Cases cited1 opinion

  1. Slingerland v. CorwinAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by26 opinions

  1. Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
  3. In re the Estate of HerleNew York Surrogate's Court · 1935
  4. DeRoire v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1923
  5. Bjork v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908

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