Decillis v. Mascelli
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maria H. Mascelli, as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of October, 1911, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 20th day of March, 1911, denying the said defendant’s motion for a new trial.
1Opinion of the Court
Robson, J.:
Plaintiff has recovered damages for personal injuries received while employed in work connected with the performance by defendant of a contract for excavating and constructing a section of the barg-e canal. This.canal contract was made with the State by Frank Mascelli, defendant’s testator,- who died after beginning the work, leaving a will appointing defendant sole executrix thereof. She thereupon qualified as such executrix and continued work on the contract. The negligence with which plaintiff charged defendant was in maintaining and using a defective and dangerous way or track…
2Cases cited5 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Willis v. . SharpNew York Court of Appeals · 1889
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Keating v. StevensonAppellate Division of the Supreme Court of the State of New York · 1897
- Le Baron v. BarkerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- In re GorraNew York Surrogate's Court · 1929
- Smith v. WagnerNew York Supreme Court · 1919
- Hughes v. HiscoxNew York Supreme Court · 1920
- McAuley v. JacksonAppellate Division of the Supreme Court of the State of New York · 1915
- De Cillis v. MascelliAppellate Division of the Supreme Court of the State of New York · 1914