Egan v. . Thompson-Starrett Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit the case under the Employers’ Liability Act. (Carron v. Standard Refrigerating Co., 138 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit the case under the Employers’ Liability Act. (Carron v. Standard Refrigerating Co., 138 App. Div. 723; Nappa v. Erie R. R. Co., 195 N. Y. 176; Fahey v. N. A. Gas Co., 134 App. Div. 611.) The errors in the charge require, a reversal of the judgment. (Bond v. Smith, 113 N. Y. 378; Ruppert v.…
1Opinion of the CourtHogan, J.
In April, 1911, the defendant was engaged in the erection of a municipal building in the city of Yew York. In the course of the work defendant had constructed elevator shafts, and in such shafts, known as numbers 3 and 4, hoist elevators were in use for the purpose of the delivery of materials to the floors where the same were required to be used. The two wells or shafts were side by side. On the tenth floor of the building, on the easterly and westerly sides, the shafts were protected by boards securely fastened, and on the northerly and southerly sides defendant had placed a plank extending…
2Cited by3 opinions
- United Transportation Co. v. HassNew York Supreme Court · 1915
- Losee v. Paramount Hotel Corp.New York Supreme Court · 1930
- Rinando v. D. C. Weeks & SonAppellate Division of the Supreme Court of the State of New York · 1916