Legal Opinion

Clark v. Monarch Engineering Co.

New York Court of Appeals

Decided May 1, 1928PublishedCited by 26 opinions

1Opinion of the CourtLehman, J.

The plaintiff has recovered a judgment against the defendant for damages resulting from the, death of plaintiff’s husband caused by the alleged negli-. gence of the defendant. At the time of the accident the, plaintiff’s husband was performing work, as an employee, of a subcontractor, in the construction of a building. The defendant was the general contractor, Upon this, appeal the defendant directs its attack upon the judgment on the ground that the liability imposed upon a general contractor under section 56 of the Workmen’s Compensation Law (Cons. Laws, ch. 67) is “ exclusive and in place…

2Cases cited5 opinions

  1. State v. Benjamin F. Bennett Building Co.Court of Appeals of Maryland · 1928
  2. Trumbull Cliffs Furnace Co. v. ShachovskyOhio Supreme Court · 1924
  3. Cermak v. Milwaukee Air Power Pump Co.Wisconsin Supreme Court · 1927
  4. Casey v. ShaneAppellate Division of the Supreme Court of the State of New York · 1927
  5. Monello v. KleinAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by26 opinions

  1. Bunner v. PattiSupreme Court of Missouri · 1938
  2. Schulte v. American Box Board Co.Michigan Supreme Court · 1959
  3. Fonseca v. Pacific Construction Co., Ltd.Hawaii Supreme Court · 1973
  4. Gambella v. John A. Johnson & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  5. Sweezey v. Arc Electrical Construction Co.New York Court of Appeals · 1946

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