People v. Orzel

Defendant was indicted, tried and convicted of manslaughter in the second degree, in violation of subdivision 3 of section 1052 of the Penal Law. The indictment charged that by an act of culpable negligence he caused the death of Walter Adams. The specific act charged was that in designing and drawing the plans for a steel substructure of a coal pocket, he drew such plans, details and designs in a culpably negligent manner, and that by reason thereof the structure erected pursuant to such plans collapsed because of defects in the plans and caused the death of Walter Adams.

The issue presented…