Legal Opinion

Logerto v. . Central Building Co.

New York Court of Appeals

Decided April 26, 1910PublishedCited by 19 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1909, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict, and affirming 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 case was improperly submitted to the jury as one under the Employers’ Liability Act.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1909, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict, and affirming 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 case was improperly submitted to the jury as one under the Employers’ Liability Act. The notice which the trial court held sufficient was inadequate, iusufficient, defective and improper, and did not comply with the-requirements…

1Opinion of the Court

Cullen, Ch. J.

This action was brought under the Employers’ Liability Act (Laws of 1902, ch. 600). The defendant was engaged in the excavation of a cellar for a large building, and the plaintiff employed as a laborer in that work. The-evidence shows that the material excavated was of a hard character, and that the method of work was to undermine the-bank to some extent and then, by bars and sledges, break off and cast down the overhanging material. While engaged in digging under the bank it fell in upon the plaintiff. The-plaintiff contended that the accident was due to the negligence of the…

2Cases cited3 opinions

  1. Hurley v. . OlcottNew York Court of Appeals · 1910
  2. Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
  3. Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910

3Cited by19 opinions

  1. Simpson v. . Foundation Co.New York Court of Appeals · 1911
  2. Jackson v. . GreeneNew York Court of Appeals · 1911
  3. Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910
  5. Holsapple v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912

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