O'Brien v. . Buffalo Furnace Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of' the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 29, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of' the action and the facts, so far as material, are stated in the opinion. The danger to which the plaintiff’s intestate was subjected by the direction of the foreman or the superintendent and foreman of the defendant was not an incident of his employment. (Lofrano v. N. Y. & M. V. W. Co., 55…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by the administrator of a servant against his master for negligence causing the death of the servant. The defendant operated a blast furnace in the city of Buffalo. The deceased, prior to the time of the accident, had been employed hoisting iron to the top of one of the furnaces, which was about eighteen feet in diameter and eighty-five feet in height. In the course of time slag accumulated at the base of the furnace which rendered it necessary to take the structure down and rebuild it. When the furnace was down the usual practice was to break up the slag…
2Cases cited3 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
3Cited by16 opinions
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Maguire v. . BarrettNew York Court of Appeals · 1918
- Mahoney v. . Cayuga Lake Cement Co.New York Court of Appeals · 1913
- Solleim v. Norbeck & Nicholson Co.South Dakota Supreme Court · 1914
- Connolly v. . Hall Grant Construction Co.New York Court of Appeals · 1908
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