Legal Opinion

Bartolomeo v. Charles Bennett Contracting Co.

New York Court of Appeals

Decided March 29, 1927PublishedCited by 50 opinions

1Opinion of the CourtKellogg, J.

This action was brought by the administrators of the estate of Joseph Bartolomeo to recover damages for his death. Bartolomeo was an employee of a firm of contractors known as the Powers-Kennedy Company. That company had a contract to make an excavation for the construction of an underground railway tube. In the prosecution of its excavating work it employed a steam shovel. The shovel was owned by the defendant. It consisted, in part, of a cab, housing a steam boiler and engine, and a long boom carrying a bucket at its end. When the machine was in operation, the cab, the boom and the bucket…

2Cases cited4 opinions

  1. McNamara v. . LeipzigNew York Court of Appeals · 1919
  2. Matter of Dale v. . Saunders Bros.New York Court of Appeals · 1916
  3. Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
  4. Matter of Sullivan v. . Glens Falls Portland Cement Co.New York Court of Appeals · 1922

3Cited by50 opinions

  1. Irwin v. KleinNew York Court of Appeals · 1936
  2. Ramsey v. New York Central R.R. Co.New York Court of Appeals · 1935
  3. Wylie-Stewart MacHinery Co. v. ThomasSupreme Court of Oklahoma · 1943
  4. Stone v. Bigley Bros.New York Court of Appeals · 1955
  5. Peters v. United Studios, Inc.California Court of Appeal · 1929

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