Holt v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Milliken Brothers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 17th day of April, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said "clerk’s office on the 29 th day of April, 1908, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is by the administrator of a servant against a master for negligence whereby the servant was ‘killed. I think that the plaintiff made out a cause of action under the Employers’ Liability Act, and that the judgment must be affirmed.
The plaintiff was at work with other fellow-servants carrying coping stones to be placed upon a wall under construction by the master. The wall arose above a roof which was then under construction by an independent contractor, who at the time of the accident was setting up temporary frames to receive concrete, and who had covered the roof with a…
2Cases cited3 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Mikos v. New YorK Central & Hudson River Railroad Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Mikos v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1908