Drury v. American Fruit Product Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, American Fruit Product Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of January, 1914, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 6th day of February, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
On the 23d day of January 1912, the plaintiff, while in the employ of the defendant and in the performance of his duties as a porter in assisting in unloading a barrel of vinegar from a freight car, sustained certain injuries, and this action is brought to recover his damages. The case was tried on the theory of liability under subdivision 1 of section 200 of the Labor Law for a defect in defendant’s plant, and liability for the negligence of a person in the service of the defendant intrusted with superintendence or with authority to direct, control or command the plaintiff in…
2Cases cited3 opinions
- Lipstein v. Provident Loan Society of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- 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
3Cited by4 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Martin v. Matson Nat. Co.District Court, W.D. Washington · 1917
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Delaware, L. & W. R. v. PerrottaCourt of Appeals for the Second Circuit · 1916