Licausi v. Ashworth
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Salvatore Ricausi against Edmund S. Ashworth. Erom an order substituting the Stanley Hod Elevator Company as defendant, said Ashworth appeals. Reversed.
1Opinion of the CourtWillard Bartlett, J.
The summons in this action names Edmund S. Ashworth as sole defendant. The complaint sets out a cause of action for negligence against Edmund S. Ashworth individually. The only reference to the Stanley Hod Elevator Company in the complaint is contained in the second subdivision thereof, which reads as follows:
“That the above-named defendant is in business in the borough of Manhattan, city of New York, known as the Stanley Hod Elevator Company, and is the owner of machines and engines, etc., and has in his employ a number of men for the running and managing of said engines, and also engineers.”
2Cases cited4 opinions
- Bassett v. . FishNew York Court of Appeals · 1878
- 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
- Evoy v. Expressmen's Aid SocietyNew York Supreme Court · 1893
3Cited by3 opinions
- Florida Medical Ass'n v. SpiresDistrict Court of Appeal of Florida · 1963
- Mahan v. Wyopa Co.Wyoming Supreme Court · 1920
- Howard v. FlaxmanCircuit Court for the Judicial Circuits of Florida · 1989