McBride v. New York Tunnel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary McBride, as administratrix, etc.,•of Patrick McBride, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of June, 1904, upon the dismissal of the complaint by direction of the court after a trial -at the New York Trial Term, and also from an Order entered in .said clerk’s office on the 22d day of July, 1904, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Mary McBride, as administratrix, etc.,•of Patrick McBride, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of June, 1904, upon the dismissal of the complaint by direction of the court after a trial -at the New York Trial Term, and also from an Order entered in .said clerk’s office on the 22d day of July, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The complaint herein avers a cause of action under the provisions ■of chapter 600 of the Laws of 1902, commonly called the Employers’ Liability Act. The action seeks to recover damages for the -claimed negligent act of the defendant resulting in the death of the *450plaintiff’s intestate. , The defendant is a domestic corporation, and.' on the 9th day of November, 1903, was engaged in excavating two parallel tunnels under the bed of the-East river,, between, the-boroughs, of Manhattan and Brooklyn, in the city of New York,. the purpose of the excavation..being to provide a place for the…
2Cases cited2 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
3Cited by12 opinions
- Heffron v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hope v. Soranton & Lehigh Coal Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hurley v. OlcottAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. Pennsylvania Steel Co.New York Supreme Court · 1908
- Carlson v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906
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