Caulfield v. Elmhurst Contracting Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtJohnston, J.
The question presented, arising upon the pleadings, involves the construction of section 29 of the Workmen’s Compensation Law.
On April 6, 1943, Thomas J. Caulfield, while working for his employer, Todd Erie Basin Dry Docks, Inc., met his death when a crane, owned by defendant and operated by its employee, fell and struck him. Plaintiff, as administratrix, commenced this action to recover damages, alleging that her intestate’s death was caused solely by defendant’s negligence. Defendant interposed an answer containing a general denial, and a separate defense alleging intestate’s contributory…
2Cases cited19 opinions
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- General Box Co. v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Utley v. Taylor & Gaskin, Inc.Michigan Supreme Court · 1943
- O'Brien v. LodiNew York Court of Appeals · 1927
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3Cited by29 opinions
- Kowcun v. BybeeOregon Supreme Court · 1947
- Rauch v. JonesNew York Court of Appeals · 1958
- Parker v. Casa Del Rey-Rapid City, Inc.South Dakota Supreme Court · 2002
- Bilodeau v. Oliver Stores, Inc.Supreme Court of New Hampshire · 1976
- Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
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