Mautsewich v. United States Gypsum Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 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 iii the opinion. The plaintiff adduced no proof of negligence on the part of the employer at common law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 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 iii the opinion. The plaintiff adduced no proof of negligence on the part of the employer at common law. (Wangler v. Swift,, 90 N. Y. 38; Marks v. R. R. Co., 146 N. Y. 181; Buckley v. G. P. & R. M. Co., 113 N. Y. 543; Adams v. Post & McCord, 147 App. Div. 656; Davis v. Gas E. & P. Co., 148 App. Div. 791; Loughlin v. State, 105 N. Y.…
1Opinion of the CourtChase, J.
This action is brought by an employee against an employer to recover damages for personal injuries resulting from an explosion. The accident occurred in 1908. The complaint does not allege that notice was served as provided by section 2 of chapter 600 of the Laws of 1902 (now section 201 of chapter 31 of the Consolidated Laws, known as the Labor Law). The defendant’s ha bility rests upon, alleged violations of the rules of the common law and of rules prescribed by the commissioner, of labor. The commissioner of labor is required to “ See that every necessary precaution is taken to insure the…
2Cases cited10 opinions
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Racine v. . MorrisNew York Court of Appeals · 1911
- Scott v. . International Paper Co.New York Court of Appeals · 1912
- Koehler v. . New York Steam Co.New York Court of Appeals · 1905
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3Cited by4 opinions
- Bellows v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Michalek v. United States Gypsum Co.Court of Appeals for the Second Circuit · 1935
- Schmidt v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Pezzo v. PaternoAppellate Division of the Supreme Court of the State of New York · 1950