Caciatore v. Transit Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Transit Construction Company, from a judgment of the Supreme Court in favor of. the plaintiff, entered in the office. of the clerk of the county of Westchester on the 28th day of November, 1910, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 3d day of January, 1911, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The action is brought under the Employers’ Liability Act (Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art. 14) by servant against master. A question submitted to the jury, upon which much stress was laid by the learned court, was the liability of the defendant for failure to furnish the plaintiff, its servant, with a safe place for work. The learned counsel for the respondent insists that, inasmuch as this submission was not excepted to, the theory of trial must control.
But that rule does not apply in this court, for we may review the question in the absence of…
2Cases cited7 opinions
- Kain v. . SmithNew York Court of Appeals · 1882
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- Coast v. City of MarlboroughMassachusetts Supreme Judicial Court · 1895
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Roberts v. . TobiasNew York Court of Appeals · 1890
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3Cited by4 opinions
- Leddy v. CarleyNew York Supreme Court · 1912
- Adzerycha v. Holbrook, Cabot & Rollins Corp.New York Supreme Court · 1917
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913
- Whispell v. MillmanAppellate Division of the Supreme Court of the State of New York · 1962