McDonough v. Pelham Hod Elevating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McDonough, from, a judgment of the Supreme Court in favor of the defendant, the Pelham Hod Elevating Company, entered in the office of the clerk of the county of Hew York on the 10th day of January, 1905, upon the dismissal of the complaint by direction of the court as to the said defendant after .trial at the Hew York Trial Term.
1Opinion of the Court
Clarke, J.:
This was an action to recover damages incurred by the alleged negligence of the defendant in operating a hod elevator which it had .installed for hire in a building in process of erection. ' The plaintiff/ was an employee of the contractor for the erection of the . building. The complaint having been dismissed it will be necessary to consider only the claims made by the-plaintiff to show that the dismissal-was error. We aré all agreed that the plaintiff, the employee of the builder, was not a -fellow-servant of the engineer of the defendant whose négligence is claimed to have…
2Cases cited5 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Stringham v. . StewartNew York Court of Appeals · 1885
- Morris v. . BrownNew York Court of Appeals · 1888
- Mills v. Thomas Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Mills v. . Thomas Elevator CompanyNew York Court of Appeals · 1902
3Cited by6 opinions
- Adams v. TozerAppellate Division of the Supreme Court of the State of New York · 1914
- Holmgren v. Red Lake Falls Milling Co.Supreme Court of Minnesota · 1926
- Anderson v. International Mercantile Marine Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Lang v. Lilley & Thurston Co.California Court of Appeal · 1912
- Browning v. Erie RailroadNew York Supreme Court · 1910
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