Legal Opinion · Dissent

Kennedy v. Wanamaker

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1911Published

Appeal by the plaintiff, Patrick Kennedy, from a judgment of the Supreme Court in favor of the defendant, entered in the ■office of the clerk of the county of New York on the 27th day of April, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term.

1Dissent

. Ingraham, P. J.

(dissenting):

Plaintiff was in the employ of defendant as a porter, and had been so employed for several years prior to the 11th of January, 1908, when he sustained the injuries to recover for which Ibis action was brought. There were a number of porters employed' by the defendant,-who maintains a large department store in New York city. One Beinhart was foreman of the porters, and the plaintiff was under his orders. Among other duties which these porters were called upon' from time to time to perform was cleaning the elevator shafts. There were a large -number of passenger…

2Cases cited6 opinions

  1. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  2. Simone v. . KirkNew York Court of Appeals · 1902
  3. Glennon v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1909
  4. Glennon v. . Star CompanyNew York Court of Appeals · 1910
  5. Palmijiano v. . Hyde McFarlin CompanyNew York Court of Appeals · 1909

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