Clark v. Riter-Conley Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Clark, as administrator, etc., of Joseph L. Clark, deceased, 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 14th day of June, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
The plaintiff’s intestate, an employee of the defendant, was killed while engaged with other servants of the defendant in the ■construction of an iron tank. The plaintiff sues to recover damages, ■alleging that the death was caused by the negligence of the defendant. The allegations of the complaint respecting the imputed negligence are that the intestate was working under the direction of the defendant and its foreman on the to]i of the iron tank, “ and while so working and engaged in assisting to hoist, by means of a derl'ick erected on the top of the said tank, an iron plate…
2Cases cited1 opinion
- Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Mounsey v. BowerIndiana Court of Appeals · 1922
- Walters v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Floyd v. Colorado Fuel & Iron Co.Colorado Court of Appeals · 1902
- Floyd v. Colorado Fuel & Iron Co.Colorado Court of Appeals · 1902
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