Legal Opinion

Kiras v. Nichols Chemical Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1901PublishedCited by 3 opinions

Appeal by the defendant, The Nichols Chemical Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of July, 1900, upon the verdict of a jury for $1,250, and also from an order, entered in said clerk’s office on the 30th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, J.:

At the time the plaintiff received, his injury he was working for the defendant. The latter carries on the business of smelting ores at Laurel Hill, Queens county. Marshy grounds adjoining the premises are used, for the dumping of the hot, semi-liquid slag or dross which remains as a, result of the smelting process. This dumping ground, formed by the slag, had been two or three years in process of creation, being smoothed off: as it cooled and hardened, and filled up as it cracked, so> as to form a space of considerable extent, estimated at from 15Ó to 200 feet square, over…

2Cases cited5 opinions

  1. Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
  2. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  3. Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
  4. O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
  5. Cunningham v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by3 opinions

  1. Lentino v. Port Henry Iron Ore Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Dyer v. BrownAppellate Division of the Supreme Court of the State of New York · 1901
  3. Reed v. DavisNew York Supreme Court · 1930

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