Ozogar v. Pierce, Butler & Pierce Manufacturing Co.
New York Supreme Court
Motion by plaintiff upon minutes to set aside nonsuit. The defendant is a domestic manufacturing corporation engaged among other things in operating a foundry, a machine shop, etc. The plaintiff had worked for the defendant twelve years, and on the 26th day of July, 1905, worked in the defendant’s machine shop. One Boss was the boss or foreman of the machine shop and superintended the work of the men employed therein.
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Motion by plaintiff upon minutes to set aside nonsuit. The defendant is a domestic manufacturing corporation engaged among other things in operating a foundry, a machine shop, etc. The plaintiff had worked for the defendant twelve years, and on the 26th day of July, 1905, worked in the defendant’s machine shop. One Boss was the boss or foreman of the machine shop and superintended the work of the men employed therein. On the 26th day of July, 1905, the plaintiff and six other employees of the defendant, acting under the direction of Boss, were engaged in lowering by hand a heavy casting known…
1Opinion of the CourtDe Angelis, J.
I think it can be fairly said that if the case had been submitted to the jury, it could have found that the plaintiff’s injuries were due to the negligence of Eoss in the performance of an act of superintendence.
The English Employers’ Liability Act (43 & 44 Vict. Cap. 42, 1880), seems to be the model upon which employers’ liability acts in this country have been formed. Massachusetts adopted such an act in 1887 which as amended in 1894 seems to have been largely incorporated into our act which was passed in 1902.
The design of this legislation was to limit the law known as the “Fellow Servant…
2Cases cited12 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Rogers v. Ludlow Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
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