Mahoney v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment entered in the Tompkins county clerk’s office on the 28th day of September, 1909.
1DissentBetts, J.
I dissent. The plaintiff in his complaint alleges that while he was employed by the defendant as a common laborer and “while he was setting off and exploding for, and at the request of, said defendant, dynamite, - * * * he sustained the in j rules herein described, from the explosion of said dynamite, by and through the negligence and default of said defendant.” This is a very general allegation of negligence and no apparent attempt was made by the defendant to compel him to limit the allegation or make it more specific and certain. The defendant admits that “ plaintiff was in the employ of…
2Cases cited4 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Simone v. . KirkNew York Court of Appeals · 1902
- Pelow v. . Oil Well Supply Co.New York Court of Appeals · 1909
- Lofrano v. New York & Mountain Vernon Water Co.New York Supreme Court · 1890