Gmaehle v. . Rosenberg
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 8,1903, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 8,1903, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The title of-the act indicates the intention of-the legislature to extend and not to limit the liability of employers. (People v. Coleman, 121 N. Y. 542 ; People v. Davenport, 91 N. Y. 574.) A statute changing the common…
1Opinion of the CourtCullen, J.
The action is brought, administrator of servant against master, to recover damages for the death of the servant charged to have been caused by the negligence of the master. The allegations of the complaint as to the fault on the defendants’ part are that they erected and caused to be erected a scaffold in such a negligent, improper and unsafe manner that the same gave vray and fell, while the plaintiff’s intestate was working thereon, by which said intestate received injuries causing his death. The defendants demurred to the complaint as not stating facts sufficient to constitute a cause of…
2Cases cited3 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by29 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
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