Ward v. Terry & Tench Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Terry & Tench Construction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of November, 1906, authorizing the service of an amended summons and complaint, amending the name of the defendant by striking out the word “ Construction” so that the name of the defendant is changed from the Terry & Tench Construction Company to the Terry &…
Read the full summary
Appeal by the defendant, the Terry & Tench Construction Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of November, 1906, authorizing the service of an amended summons and complaint, amending the name of the defendant by striking out the word “ Construction” so that the name of the defendant is changed from the Terry & Tench Construction Company to the Terry & Tench Company.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover for the "death of John H. Ward, alleged to have been caused by the negligence of the defendant. The original complaint alleges that the decedent was in the employ of the defendant and was killed on the 29tli day of July, 1903, while engaged in the construction of a power house at Fifty-ninth street and Eleventh avenue in the borough of Manhattan. The plaintiff alleged that the defendant was a corporation ; that the decedent was in its employ in the due performance of his duties at the time of receiving the injuries which resulted in his…
2Cases cited4 opinions
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Munzinger v. Courier Co.New York Supreme Court · 1894
- Licausi v. AshworthAppellate Division of the Supreme Court of the State of New York · 1903
- Boyd v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Covino v. Alside Aluminum Supply Co.Appellate Division of the Supreme Court of the State of New York · 1973
- A. A. Sutain, Ltd. v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Luce v. Pierce Muffler ShopsNew York Supreme Court · 1966
- De Witt v. Abraham Bros. Horse & Mule Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Safrin v. Joe Friedman Hat Co.New York Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.