Aken v. Barnet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James H. Aken, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 21st day of May, 1906, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term.
1Opinion of the Court
Chester, J.:
The action is for negligence, and the complaint makes the necessary allegations to bring it under the Employers’ Liability Act (Laws of 1902, chap. 600). The plaintiff was employed by the defendant as superintendent of its knitting mill. The respondent urges that because the plaintiff was the defendant’s superintendent he was the alter ego of the master and, therefore, the Employers’ Liability Act does not apply. The fact that the plaintiff was a superintendent of the defendant makes him none the less an employee and that act does not assume to make any distinction between dif*464feren…
2Cited by5 opinions
- Claim of Kennedy v. Kennedy Manufacturing & Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Claim of Beckmann v. J. W. Oelerich & SonAppellate Division of the Supreme Court of the State of New York · 1916
- Claim of Bowne v. S. W. Bowne Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Krause v. Robert Gair Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Sandals v. Mizpah Mining Co.Supreme Court of Oklahoma · 1917