Culhane v. Economical Garage, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nora Culhane-, as administratrix, 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 12th day of April, 1920, sustaining defendant’s demurrer to the complaint, and also from the judgment entered thereon on the 26th day of April, 1920, dismissing the complaint.
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Appeal by the plaintiff, Nora Culhane-, as administratrix, 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 12th day of April, 1920, sustaining defendant’s demurrer to the complaint, and also from the judgment entered thereon on the 26th day of April, 1920, dismissing the complaint. The issue herein was brought on and tried as a contested motion under section 976 of the Code of Civil Procedure.
1Opinion of the Court
Laughlin, J.:
This is a statutory action (Code Civ. Proc. § 1902 et seq.) to recover' for the death of plaintiff’s intestate who was employed by the defendant company to wash cars in its garage in the borough of Manhattan, New York. It is alleged that the defendant Mayer had a contract with the defendant company for the storage of his automobile at. the garage; that one Rhine was the superintendent or manager of the garage and the company also employed defendant Day as foreman; that both Rhine and Day were acting with and had superintendence over the decedent; that on the 18th day of October,…
2Cases cited8 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- Shinnick v. Clover Farms Co.Appellate Division of the Supreme Court of the State of New York · 1915
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3Cited by11 opinions
- Finch v. SwinglyAppellate Division of the Supreme Court of the State of New York · 1973
- Kuhn v. City of New YorkNew York Court of Appeals · 1937
- Artonio v. HirschAppellate Division of the Supreme Court of the State of New York · 1957
- Netherlands American Steam Nav. Co. v. GallagherCourt of Appeals for the Second Circuit · 1922
- Gardner v. Shepard Niles Crane & Hoist Corp.Appellate Division of the Supreme Court of the State of New York · 1944
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