Legal Opinion

Schintzuis v. . Lackawanna Steel Co.

New York Court of Appeals

Decided July 12, 1918PublishedCited by 12 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 16, 1916, sustaining plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Hiscock, Ch. J.

This action was brought to recover damages sustained by reason of intestate’s death, which was alleged to have been caused by the negligence of defendant.

The defendant operated several blast furnaces by the processes of which there was produced a large amount of carbon monoxide gas, which in its natural state was both odorless and colorless and which was fatal to a human being when inhaled in very small quantities. The intestate was in the employ of defendant and was found dead in a trench beneath a toilet house situate on its premises, in which he had been seen in an…

2Cases cited5 opinions

  1. Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
  2. Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
  3. Wooster v. BurrNew York Supreme Court · 1829
  4. Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
  5. People v. Mayor's CourtNew York Supreme Court · 1828

3Cited by12 opinions

  1. Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
  2. Harris v. Ward Greenberg Heller & Reidy LLPAppellate Division of the Supreme Court of the State of New York · 2017
  3. Grosner v. AbramsonNew York Supreme Court · 1936
  4. Cooper v. CooperNew York Supreme Court · 1980
  5. Harley v. HarleyNew York Supreme Court · 1959

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