Ives v. South Buffalo Railway Co.
New York Court of Appeals
.Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1910, which affirmed a final judgment in favor of plaintiff entered upon a decision of the court at Special Term sustaining a demurrer to the answer.
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.Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1910, which affirmed a final judgment in favor of plaintiff entered upon a decision of the court at Special Term sustaining a demurrer to the answer. This is an action brought by an employee against his employer to recover compensation under article 14-a of the Labor Law, being chapter 674 of the Laws of 1910, entitled “ An act to amend the labor law, in relation to workmen’s compensation in certain dangerous employments.” The complaint alleges,.in substance, that on…
1Concurrence
Cullen, Ch. J.
I concur in the opinion of Judge Werneb for reversal of the judgment appealed from. ? I concede that the legislature may abolish the rule of fellow-servant as a defense to an action by employee against the employer. Indeed, we have decided that in upholding the so-called Barnes Act. (Schradin v. N. Y. C. & H. R. R. R. Co., 194 N. Y. 534.) I concede that the legislature may also abolish as a defense the rule of assumption of risk and that of contributory negligence unless the accident proceeds from the willful act of the employee. I concede that in a work, occupation or business…
2Cases cited10 opinions
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Camfield v. United StatesSupreme Court of the United States · 1897
- People v. . O'BrienNew York Court of Appeals · 1888
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- People Ex Rel. Schurz v. CookSupreme Court of the United States · 1893
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