Nappa v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The skid and cleat were not “ ways,” “ works ” or “ machinery ” within the Employers’ Liability Act, nor a place to work under the common law, and the court erred in submitting the case to the jury on that theory. (Willetts v. Watts & Co., L. R. [2 Q. B. D.] 92;…
1Opinion of the CourtEdward T. Bartlett, J.
This is a negligence action in-which the plaintiff seeks to recover damages for injuries inflicted upon him in an accident happening while in defendant’s employ. The action is brought under the Employers’ Liability Act.
The plaintiff was an ordinary workman, a freight handler, and had been engaged in that occupation at the place where he was injured for five years or more. The plaintiff worked in the freight house of the defendant situated on Ganson street, in the city of Buffalo. This freight house was 687 feet long and 120 feet wide; one side connected with the boats, the other with the…
2Cases cited6 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Webber v. . PiperNew York Court of Appeals · 1888
- McGee v. Boston Cordage Co.Massachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Dailey v. . StollNew York Court of Appeals · 1914
- Heiser v. . Cincinnati Abattoir Co.New York Court of Appeals · 1912
- Heiser v. Cincinnati Abattoir Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Mizak v. Carborundum Co.Appellate Division of the Supreme Court of the State of New York · 1916
7 more not listed; retrieve them via the Exa API.