Heiser v. . Cincinnati Abattoir Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The skids and horse as used constituted a “way” within the provisions of the Labor Law. (Cons.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The skids and horse as used constituted a “way” within the provisions of the Labor Law. (Cons. Laws, ch. 31, § 200; Nappa v. Erie R. R. Co., 195 N. Y. 176; Trentacoste v. Cronin, 132 App. Div. 907; Knezevich v. Bush Term. Co., 137 App. Div. 54; Le…
1Opinion of the CourtWillard Bartlett, J.
This is an action for negligence in which the plaintiff was nonsuited. The judgment upon the nonsuit has been unanimously affirmed by the Appellate Division of the first department, which itself permitted the present appeal.
The plaintiff was what is known as a beef lugger, and was employed by the defendant to unload beef and provisions into its warehouse from freight cars on the opposite side of the street. The beef and provisions were transported from the door of the freight car to the platform of the warehouse over a skid which was constructed of two platforms resting upon a wooden horse…
2Cases cited2 opinions
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Heiser v. Cincinnati Abattoir Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Drury v. American Fruit Product Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hamm v. Rockwood Sprinkler Co.Supreme Court of New Jersey · 1916
- Bowers v. Columbia Garage Co.Appellate Terms of the Supreme Court of New York · 1915
- Cunningham v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
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