Lowrey v. Huntington Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, William E. Lowrey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 31st day, of January, 1906, upon the dismissal of the complaint by direction of the court after a trial at tlie Kings County trial term. (See 119 App.
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Reargument of an appeal by the plaintiff, William E. Lowrey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 31st day, of January, 1906, upon the dismissal of the complaint by direction of the court after a trial at tlie Kings County trial term. (See 119 App. Div. 875). The plaintiff was an employee of the defendant as one of a gang of'five men trimming trees so as to admit the stringing of the defendant’s electrical .wires. Slackbower was foreman of the gang and pointed out a tree for trimming. The…
1Opinion of the Court
Hooker, J.:
In Hope v. Scranton & Lehigh Coal Co. (120 App. Div. 595) the cases Were reviewed, and we reached the conclusion that the Employers’ Liability Act (Laws of 1902, chap. 600) must be construed to create a liability against the employer for the acts of .a superintendent only when .lie is-engaged in an act of superintending.' -Without the. aid of the statute the plaintiff in this case must fail because of'the negligence of -the coservant, Slackbower. The question then is,- was Slackbower- superintendent, and if so,, was' his negligence, supposing it' was the proximate cause' of the…
2Cases cited2 opinions
- Flynn v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1898
- Hope v. Soranton & Lehigh Coal Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Droge v. John N. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kujava v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907
- McNamara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Proctor & Gamble Co. v. WilliamsCourt of Appeals for the Second Circuit · 1910