United States Gypsum Co. v. Sliwienska
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Western District of New York. Action by Maryjanna Sliwienska, as administratrix, etc., of Frank Sliwienska, her husband, to recover damages suffered by his death, against the United States Gypsum Company. The action was instituted under the New York employer’s liability act (Consol. Faws, c. 31, art. 14), and, the jury having found a verdict for plaintiff, defendant brings error.
1Opinion of the Court
LACOMBE, Circuit Judge.
An objection discussed on the briefs to the jurisdiction of the Circuit Court on the ground that the plaintiff, a subject of the emperor of Austria, could not maintain the action in the Western District of New York against defendant, a corporation of New Jersey, was abandoned on’the argument. Such objection was a matter of personal privilege, which was waived by defendant’s appearing and answering on the merits.
The accident happened through a fall of rock from the roof of a gypsum mine then being operated by defendant; the particular chamber where it occurred being…
2Cases cited5 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Logerto v. . Central Building Co.New York Court of Appeals · 1910
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Heilig v. BurnsAppellate Division of the Supreme Court of the State of New York · 1909
- Pennsylvania Steel Co. v. LakkonenCourt of Appeals for the Second Circuit · 1910
3Cited by1 opinion
- Proctor & Gamble Co. v. WilliamsCourt of Appeals for the Second Circuit · 1910