Hall v. . New York Telephone Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1916, 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. The charge of the court wherein the burden of proving plaintiff’s freedom from contributory negligence was imposed on the defendant constituted reversible error. (Ives v. S. B. Ry.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1916, 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. The charge of the court wherein the burden of proving plaintiff’s freedom from contributory negligence was imposed on the defendant constituted reversible error. (Ives v. S. B. Ry. Co., 201 N. Y. 271; O’Neil v. Karr, 110 App. Div. 571; Jackson v. Greene, 201 N. Y. 78; Hubbell v. P. P. Co., 160 App.…
1Opinion of the CourtCollin, J.
Under the record here a single question merits discussion. It is: Is section 202-a of the Labor Law (Cons. Laws, ch. 31, amd. L. 1910, ch. 352) applicable in an action at common law brought by an employee against his employer to recover damages for negligence arising out of and in the course of the employment. The language of the section is: “ On the trial of any action brought by an employee or his personal representative to recover damages for negligence arising out of and in the course of such employment, contributory negligence of the injured employee shall be a defense to be so pleaded…
2Cases cited1 opinion
- Collelli v. . TurnerNew York Court of Appeals · 1915
3Cited by4 opinions
- Danielsen v. . Morse Dry Dock Repair Co.New York Court of Appeals · 1923
- Liberty Mutual Insurance v. George Colon & Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Travelers Insurance v. Staten Island Rapid Transit Railway Co.City of New York Municipal Court · 1929
- Starke v. Catskill & Albany Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1917