Shanahan v. . Monarch Engineering Co.
New York Court of Appeals
Apeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 19, 1916, which affirmed an interlocutory judgment entered upon an order of Special Term sustaining a demurrer to the answer. The following question was certified: “ Should the demurrer to the second defense in the answer be sustained ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Apeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 19, 1916, which affirmed an interlocutory judgment entered upon an order of Special Term sustaining a demurrer to the answer. The following question was certified: “ Should the demurrer to the second defense in the answer be sustained ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in granting judgment sustaining the demurrer, which in effect declares unconstitutional section 11 of the Compensation…
1Opinion of the CourtPound, J.
A demurrer to one of the defenses in this action as insufficient has been sustained. The pleadings upon which this decision has been based disclose the following facts:
This action is brought under the provisions of sections 1902-1908 of the Code of Civil Procedure to recover damages for the benefit of the next of kin of Shanahan, claimed to have been caused by his death while in the employ of the defendant, resulting from the negligence of the latter. Shanahan at the time of his death was engaged in a class of work to which the Workmen’s Compensation Law applied and would have provided…
2Cases cited5 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Peet v. MillsWashington Supreme Court · 1913
3Cited by72 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
- Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
- Masich v. United States Smelting, Refining & Mining Co.Utah Supreme Court · 1948
- Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
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