Barnhart v. . American Concrete Steel Co.
New York Court of Appeals
Appeal from a judgment, entered December 10, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered December 10, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The New York Constitution (Art. 1, § 18) and the New York statutes give to the plaintiff the right to recover for pecuniary damages suffered by reason of the negligence of the defendant. Neither the New York Constitution (Art. 1, § 19, as amd.) nor any…
1Opinion of the CourtMcLaughlin, J.
This action was brought to recover damages alleged to have been sustained by the death of plaintiff’s intestate. At the time of his death the intestate was a resident of New Jersey and in the employ of the defendant, a New Jersey corporation. The contract of employment was entered into in that state. At the time of his death he was at work for the defendant in the state of New York and the question presented is whether, by reason of that fact, the action can be here maintained.
The New Jersey Workmen’s Compensation Act (Laws of 1911, «chap. 95, as amended) provides that when an employer and…
2Cases cited11 opinions
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Ralli v. TroopSupreme Court of the United States · 1895
- Johnston v. . FargoNew York Court of Appeals · 1906
- Claim of Smith v. Heine Safety Boiler Co.New York Court of Appeals · 1918
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
- Hauch v. ConnorCourt of Appeals of Maryland · 1983
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Elston v. Industrial Lift Truck Co.Supreme Court of Pennsylvania · 1966
- Wilson v. FaullSupreme Court of New Jersey · 1958
26 more not listed; retrieve them via the Exa API.