Legal Opinion

Liberty Mutual Insurance v. Mueller

New York Supreme Court

Decided March 9, 1935PublishedCited by 3 opinions

1Opinion of the CourtHinkley, J.

One James Duggan, an employee of Airport Publishers, Inc., was killed by falling into an elevator shaft while in performance of his duties as such employee. It is claimed that the death was due to the negligence of defendant, the owner of the building, in the maintenance of the elevator and its approaches. The right to bring an action arose against the defendant under section 130 of the Decedent Estate Law in favor of the executor or administrator of the deceased for the benefit of the widow and next of kin. By virtue of section 29 of the Workmen’s Compensation Law the widow and next of kin…

2Cases cited4 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Roche v. St. John's Riverside HospitalNew York Supreme Court · 1916
  3. Roche v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1916
  4. Claim of Cahill v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by3 opinions

  1. Daniels v. KroegerMissouri Court of Appeals · 1956
  2. MacDonald v. City of BeaconNew York Supreme Court · 1944
  3. Lavino Shipping Co. v. DonovanDistrict Court, E.D. Pennsylvania · 1962

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