Harris v. Baltimore Machine & Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the' defendant, The Baltimore Machine and Elevator Company,-from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the cleric of the .county of" Kings on the 22d day of May, 1905,, upon the verdict of a jury for $3,750., • and also from an order entered in said clerk’s office on the 22d day of May, 1905, denying the defendant’s motion for a new trial made . upon the minutes. Action by servant against master for negligence.
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Appeal by the' defendant, The Baltimore Machine and Elevator Company,-from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the cleric of the .county of" Kings on the 22d day of May, 1905,, upon the verdict of a jury for $3,750., • and also from an order entered in said clerk’s office on the 22d day of May, 1905, denying the defendant’s motion for a new trial made . upon the minutes. Action by servant against master for negligence. An agent was employed by the defendant to solicit Orders for their electrical elevators in. Hew York city and install them. He…
1Opinion of the Court
Gaynor, J.:
1. At the close the learned trial judge ruled that the complaint alleged a cause of action under the Employers’ Liability Act (Laws of 1902, chap. 600) and charged the jury on that footing, viz., that if the plaintiff was hurt by the negligence of the superintendent he could recover if he was free from contributory negligence. The' complaint ’is now-, as on the trial, criticised as not stating a cause of action under the statute. It alleges that the plaintiff, being in the employ of the defendant, was directed by it to enter an elevator which it had constructed and had under its…
2Cited by4 opinions
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Fleet v. New Era Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Riley v. McNultyAppellate Division of the Supreme Court of the State of New York · 1906
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909