O'Doherty v. Postal Telegraph-Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Postal Telegraph-Cable Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡Kings on the 17th day of December, 1908, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff’s intestate, an employee of the appellant the American Telephone and Telegraph Company (which for brevity I shall . call the telephone company), was killed by the explosion of a boiler on a scow hired by it of the appellant Postal Telegraph-Cable Company (which I shall call the postal company), for use in taking up and relaying cables. The telephone company had hired the scow of the postal company on a number of prior occasions for periods varying from one to seven or eight days. The latter company furnished scow, coal, water and an engineer, and received a stipulated…
2Cases cited3 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Kirk v. SturdyMassachusetts Supreme Judicial Court · 1904
3Cited by5 opinions
- Liverani v. John T. Clark & SonNew York Court of Appeals · 1921
- Kuhn v. P. J. Carlin Construction Co.New York Supreme Court · 1935
- Landrigan v. Baker Smith & Co.New York Supreme Court · 1915
- Miller v. Western Stevedore Co.Washington Supreme Court · 1928
- Wold v. Elder, Dempster & Co.Appellate Division of the Supreme Court of the State of New York · 1924