McNamara v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 17th day of October, 1910, and from an order entered in said clerk's office on the 24th day of October, 1910, denying a motion for a new trial.
1Dissent
Burr, J. (dissenting):
Assuming that on the day in question Duffy occupied a position relative to the plaintiff of one exercising acts of superintendence within the meaning of the Employers’ Liability Act,† I think that plaintiff is not entitled to recover, first, because the particular act complained of was a mere detail of the work and not an act or even detail of superintendence (Guilmartin v. Solvay Process Co., 189 N. Y. 490), and, second, such act was not a negligent act so that if the action had been against Duffy personally he would have been liable *940therefor. Plaintiff was employed by…
2Cases cited3 opinions
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
- Flynn v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1898
- Lowrey v. Huntington Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1907