Falk v. Havemeyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry O. Havemeyer* from a jiidg* ment of .the Supreme Court in'favor of the plaintiff, entered in the office of the clerk of the county of Queens on the loth day of April, 1907, upon the verdict of a jury for $3,500, and also from an order entered ini said clerk’s office on the 3d day of Hay, 1907, denying the defendant’s motion for a new trial made. upon the minutes.
1Opinion of the Court
Miller, J.:
This action is brought under the Employers’ Liability Act,* and the plaintiff has recovered a judgment on the theory that his injuries were caused by the negligence of a person “in the service of the employer, entrusted with and- exercising superintendence, whose sole or principal duty is that of superintendence, or in the absence of such superintendent, of any person acting as superintendent with the authority or consent of such employer.” While several questions are presented by the appellant, we shall only eon*658sidev -the exception to the ■ denial of the motion to dismiss, which…
2Cases cited2 opinions
- McConnell v. Morse Iron Works & Dry Dock Co.New York Court of Appeals · 1907
- McLaughlin v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Cashmore v. Peerless Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Larson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Falk v. HavemeyerAppellate Division of the Supreme Court of the State of New York · 1911
- Hess v. FurstAppellate Terms of the Supreme Court of New York · 1909