Hubbell v. Pioneer Paper Co. — 219 N.Y. 677

Majority

p. 677

Elizabeth Hubbell, as Administratrix of the Estate of Wilmont Hubbell, Deceased, Appellant, v. Pioneer Paper Company, Respondent.

Headnote

Hubbell v. Pioneer Paper Co., 171 App. Div. 961 , affirmed.

(Argued December 12, 1916;

decided December 28, 1916.)

Appeal from a judgment of the Appellate Division, of the Supreme Court in the third judicial department, entered November 18, 1915, affirming a judgment in favor of defendant entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. The intestate was employed as a

p. 678

paper machine tender in defendant’s mill. At the time of the accident he Was away from the machine at which he was employed, and down in a pit or hole beneath the floor in another part of the building. He went there to see what was the matter with a certain pump or to assist in fixing it. The material question was whether intestate was in the line of his duty in going into the pit.

Harold H. Corbin and Walter P. Butler for appellant.

Nash Bockwood and L. B. McKelvey for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Collin, Cuddebaoic, Hogan, Oardozo and Pound, JJ.