Guirizinski v. . American Radiator Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 1, 1915, 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. Kucewicz, the belt repair man, had command and control over the plaintiff and was not his fellow-servant. (Famborille v. Atl. G. & P. Co., 155 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 1, 1915, 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. Kucewicz, the belt repair man, had command and control over the plaintiff and was not his fellow-servant. (Famborille v. Atl. G. & P. Co., 155 App. Div. 833; Pelow v. Oswego Const. Co., 217 N. Y. 506; Ciccola v. R. A. M. Co., 174 App. Div. 313.) The negligence of…
1Opinion of the CourtPound, J.
This is an action under the employers’ liability provisions of the Labor Law as amended in 1910.
Plaintiff was employed by defendant in its factory as helper to Kucewicz, a belt repairer. It was his duty to hand Kucewicz his tools as called for and aid him as he was directed. At the time of the accident Kucewicz was at work with plaintiff taking down a belt which had become loose, in order to shorten it. The belt was about ninety feet long and a foot wide and weighed about three hundred pounds. It passed around two pulleys about forty-five feet apart which were about seven feet from the floor.…
2Cases cited3 opinions
- Marion v. B. G. Coon Construction Co.New York Court of Appeals · 1915
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
- Pelow v. . Oswego Construction Co.New York Court of Appeals · 1916
3Cited by1 opinion
- Christie v. Great Northern Railway Co.Oregon Supreme Court · 1933