Barnhart v. American Concrete Steel Co.
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 Nassau on the 1st day of May, 1916, in favor of the plaintiff, and also from an order entered in said clerk’s office on the 13th day of April, 1917, denying a motion for a new trial.
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Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 1st day of May, 1916, in favor of the plaintiff, and also from an order entered in said clerk’s office on the 13th day of April, 1917, denying a motion for a new trial. Judgment and order reversed, with costs, and complaint dismissed, with costs, on the ground that the New Jersey Compensation Law* was applicable to the case as the decedent was a resident of New Jersey, the defendant, a New Jersey corporation, and the contract of hiring was made there, and we conclude…
1Dissent
Blackmab, J. (dissenting):
The Constitution of the State of New York (Art. 1, § 18) provides that “ The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated.” The right of action sounds in tort, and is governed by the laws of the State where the injuries are inflicted. By this provision, it became a cause of action vested in the personal representative of the deceased, and cannot be waived by the employee, for it is not his nor derived from him, but granted by the Legislature and confirmed by the Constitution directly to his personal…
2Cited by1 opinion
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