Holm v. Empire Hardware Co.
Appellate Division of the Supreme Court of the State of New York
Action for the death of an employé by Aurora M. Holm, administratrix of the estate of Theodore M. Holm, deceased, against the Empire Hardware Company. The complaint was dismissed, and plaintiff moved for a new trial on exceptions, which was ordered to be heard in the first instance at the Appellate Division. Motion denied.
1Opinion of the CourtIngraham, J.
The plaintiff’s intestate was, on the 14th day of August, 1903, in the employ of the defendant, and while engaged in lowering a piece of machinery from the defendant’s building to a truck in the street, a boom to which the tackle for lowering the machinery was affixed, broke, and struck the plaintiff’s intestate, caus*915ing his death. The complaint alleges that the defendant unlawfully neglected and failed to provide the plaintiff’s intestate with a safe place to work, and with safe tools and appliances, and to keep the same in a reasonably safe condition and repair, in that the said boom was…
2Cases cited2 opinions
- Randall v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Meehan v. Atlas Safe Moving & Machinery Truckage Co.Appellate Division of the Supreme Court of the State of New York · 1904