Legal Opinion
Michalek v. United States Gypsum Co.
District Court, W.D. New York
Decided October 12, 1936PublishedCited by 1 opinion
1Opinion of the Court
RIPPEY, District Judge.
According to the memorandum furnished by defendant, the fifth cause of action set up in the complaint is the only one that has survived and remains for consideration by the court. To that cause of action the defendant has set up six affirmative defenses: (1) Contributory negligence; (2) assumption of risk; (3) fellow-servant rule; (4) statute of limitations; (5) Workmen’s Compensation Law of the state of New York (Consol. Laws, c. 67) as a bar to the action; (6) that section 299 of the Labor Law of the state of New York (Consol.Laws c. 31) upon which the cause of action…
2Cases cited11 opinions
- United States v. GrimaudSupreme Court of the United States · 1911
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Federal Radio Comm'n v. Nelson Brothers Bond & Mortgage Co. (Station WIBO)Supreme Court of the United States · 1933
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Amberg v. . KinleyNew York Court of Appeals · 1915
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3Cited by1 opinion
- Gasperino v. Larsen Ford, Inc.District Court, S.D. New York · 1969