Waller v. Degnon Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Degnon Contracting Company, from an order.of the Supreme Court, made. at. the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of April,- 1907, denying the defendant’s motion for,a bill of particulars.
1Opinion of the Court
Houghton, J.,:
The action is to recover damages for the death of an employee claimed to have been caused through the negligence of the.employer.
Plaintiffs intestate was employed by the defendant in the construction of a tunnel under the East river.
The complaint alleges that the defendant negligently permitted smoke to enter the caisson in which plaintiff’s intestate was working, from the effects of which he was asphyxiated; and further that the defendant failed to provide a proper and safe method of transmitting air to such caisson and to provide a reasonably safe place for the prosecution of…
2Cases cited2 opinions
- Dwyer v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1907
- Heslin v. Lake Champlain & Moriah RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of HerleNew York Surrogate's Court · 1935
- Slocum v. Erie R.District Court, W.D. New York · 1929
- Larrere v. MorseAppellate Terms of the Supreme Court of New York · 1916
- Rubinfeld v. StoltsNew York Supreme Court · 1916