McNamara v. . Eastman Kodak Co.
New York Court of Appeals
Appeal from a judgment, entered June 3, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendants on a nonsuit granted at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered June 3, 1915, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendants on a nonsuit granted at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The floor beams of the sixteenth floor, including the opening where the duct was to be placed, should have been thoroughly planked over at the time of the…
1Opinion of the CourtCardozo, J.
This is an action for injuries resulting in death.
In August, 1912, the defendant was the owner of a sixteen-story office building then in course of construction in the city of Rochester. An architect in the general service of the defendant prepared the plans and specifications; an engineer in the same service supervised the work. There was no general contractor. Separate contracts for separate parts of the work went to separate contractors. The contract for the steel work was given to one Mullen, and Mullen employed McNamara, the plaintiff’s intestate.
On August 9, 1912, Flint, the defendant’s…
2Cases cited2 opinions
- Drummond v. Alfred E. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Rooney v. . Brogan Construction Co.New York Court of Appeals · 1909
3Cited by8 opinions
- Caspersen v. La Sala Bros.New York Court of Appeals · 1930
- Hard v. Hollywood Turf ClubCalifornia Court of Appeal · 1952
- Kaplan v. 48th Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Employers' Liability Assurance Corp., Ltd., of London v. Post & McCord, Inc.New York Court of Appeals · 1941
- McNamara v. . Eastman Kodak Co.New York Court of Appeals · 1921
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