Pepe v. Utica Pipe Foundry Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Vincenza Pepe, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 8th day of July, 1908, upon a nonsuit at the close of plaintiff’s evidence on a trial at the Oneida Trial Term, and also from an order entered in said clerk’s office on the same day granting a nonsuit.
1Opinion of the Court
Kruse, J.:
The plaintiff’s intestate, a workman in the defendant’s employ, was so seriously injured while at his work that he died within a few hours after being hurt.
*459It is contended on the plaintiff’s behalf thát the deceased lost his life through the defendant’s negligence. The grounds of negligence are: (1) The failure to furnish a safe place to the deceased in which to do his work. (2) ¡Negligent method used by the defendant in carrying on the work which the deceased assisted in doing. (3) Failure to instruct and warn the deceased of- its dangers. A nonsuit was granted and the plaintiff…
2Cases cited3 opinions
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Palmijiano v. . Hyde McFarlin CompanyNew York Court of Appeals · 1909
- Palmijiano v. Hyde-McFarlin Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Bicklemeyer v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1915