Harris v. Baltimore MacHine & Elevator Works
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The complaint fails to state facts sufficient to constitute a cause of action under the Employers’ Liability Act. (Kleps v. B. Mfg. Co., 107 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The complaint fails to state facts sufficient to constitute a cause of action under the Employers’ Liability Act. (Kleps v. B. Mfg. Co., 107 App. Div. 488; Gmaehle v. Rosenberg, 178 N. Y. 147; Ward v. M. R. Co., 95 App. Div. 437 ; Schermerhorn v. G. F. G. Co., 94 App.…
1Opinion of the CourtGeay, J.
The question of interest to the profession, in this case, is as to the sufficiency of a complaint under the Employers’ Liability Act (Laws 1902, cli. 600). This action was brought to recover damages for the injuries sustained by the plaintiff by reason of the negligence of his employer. The complaint alleged, in substance, that the plaintiff was directed by the defendant, a foreign corporation, in whose employ he was, to enter an elevator, “ which the defendant had constructed and then had under its supervision and control; ” that the elevator was negligently constructed by the defendant .“in…
2Cases cited1 opinion
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
3Cited by11 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Payne v. New York, Susquehanna & Western RailroadNew York Court of Appeals · 1911
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Gallagher v. . NewmanNew York Court of Appeals · 1908
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