Donohue v. East River Mill & Lumber Co.
New York Court of Appeals
Appeal from a judgment, entered January 19, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint: The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHogan, J.
The plaintiff’s intestate was employed by defendant in a lumber yard operated and conducted by the latter in the city of New York. On or about January 20th, 1913, the intestate while in the act of ascending to the top of a pile of lumber fell and as a result thereof was killed. The present action was brought under the Employers’ Liability Act to recover damages for the death of the intestate by reason of the alleged negligence of defendant in the plant, ways and appliances which were alleged to have been in an improper condition, unsafe and unsuitable for the work the intestate was directed…
2Cases cited2 opinions
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
- Seyford v. . Southern Pacific Co.New York Court of Appeals · 1916
3Cited by2 opinions
- Knott v. Missouri Boiler & Sheet Iron WorksSupreme Court of Missouri · 1923
- Pesce v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989