Holm v. Empire Hardware Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Aurora M. Holm, as administratrix, etc., of Theodore M. Holm, deceased, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Ingraham,. 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, causing 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 t'o keep the same in a reasonably safe condition and repair, in that the…
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
3Cited by1 opinion
- Smith v. WinstonAppellate Division of the Supreme Court of the State of New York · 1914