Legal Opinion
The No. 34.
Court of Appeals for the Second Circuit
Decided April 9, 1928No. 238PublishedCited by 36 opinions
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above). This case raises three questions: (1) Was the judgment of the state court holding Boyer free from liability to Miller binding on Hogan so that he cannot-recover indemnity? (2) If not, is Hogan entitled to indemnity because he has shown that Boyer was under a primary duty to furnish Miller with a safe means of access to work? (3) If Boyer was primarily liable to Miller, is Boyer entitled to limit his liability?
The question as to the effect of the judgment of the state court would seem really to be one of New York practice. Section 264 of the New York Civil…
2Cases cited20 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Scott v. . CurtisNew York Court of Appeals · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- Jones v. Waterman SS CorporationCourt of Appeals for the Third Circuit · 1946
- Crab Orchard Improvement Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1940
31 more not listed; retrieve them via the Exa API.