Pelow v. . Oswego Construction Co.
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. 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 April 6, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The amendment of 1910 to subdivision 2 of section 200 of the Labor Law was not intended to and did not make the master liable for the negligent acts of a superintendent, unless they were negligent acts of superintendency, and inasmuch as the failure of Miller to properly hold the key was an omission committed in a…
1Opinion of the CourtHiscock, J.
Plaintiff seeks in this action to recover under the provisions of section 200 of the Labor Law (Cons. Laws, ch 31) as it existed in 1912 for injuries sustained by him as the result of the negligence of defendant’s superintendent. The negligence of which the j ury has found said superintendent to have been guilty did not occur in the course of any superintendence being exercised by him, but while he was performing such an act as would naturally be performed by an ordinary fellow-servant and the question is whether the statute makes an employer' liable for the negligence of a superintendent…
2Cases cited4 opinions
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Foster v. . International Paper Co.New York Court of Appeals · 1905
- Quinlan v. . Lackawanna Steel Co.New York Court of Appeals · 1908
- Svendsen v. Frank McWilliams, Inc.New York Court of Appeals · 1915
3Cited by3 opinions
- Guirizinski v. . American Radiator Co.New York Court of Appeals · 1917
- Coca-Cola Co. v. WilliamsTexas Commission of Appeals · 1919
- Cocchia v. Rapid Addressing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1916