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Yuzwiczki v. Solvay Process Co.

140 A.D. 921 Court N.Y. App. Div. English

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Majority

p. 921
Mary Yuzwiczki, as Administratrix, etc., of John Yuzwiczki, Deceased, Respondent, v. The Solvay Process Company, Appellant.

Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the making and keeping safe the working place of the plaintiff’s intestate and his fellow-workmen was a part of their work and any want of care in that respect, even by the foreman, resulting in injury to the workman, does not constitute actionable negligence against the employer under the rules of the common law.