Legal Opinion
Schmidt v. Merchants Despatch Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1935PublishedCited by 5 opinions
1Opinion of the CourtThompson, J.
The complaints in the several cases are based upon injuries alleged to have been sustained by plaintiffs-employees by the inhaling of silica dust while at work in their respective defendants-employers’ factories. Defendants have moved against the complaints under section 49 of the Civil Practice Act, which reads as follows:
“ The following actions must be commenced within three years after the cause of action has accrued: * * *
“ 6. An action to recover damages for a personal injury resulting from negligence.”
They urge that the causes of action are all in negligence, and cannot be maintained,…
2Cases cited20 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Martin v. HerzogNew York Court of Appeals · 1920
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Conklin v. DraperNew York Court of Appeals · 1930
15 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Street v. Consumers Mining Corp.Supreme Court of Virginia · 1946
- Pieczonka v. Pullman Co.Court of Appeals for the Second Circuit · 1937
- Smith Engineering Works v. CusterSupreme Court of Oklahoma · 1944
- Omaha Indemnity Co. v. Whaleneck Harbor Marina, Inc.District Court, E.D. New York · 1985
- Speziale v. National Brass Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1935