Tomaney v. Humphrey Gas Pump Co. — 220 N.Y. 721

Majority

p. 721

George J. Tomaney, Respondent, v. The Humphrey Gas Pump Company, Appellant.

Headnote

Tomaney v. Humphrey Gas Pump Co., 164 App. Div. 912 , affirmed.

(Argued March 22, 1917;

decided April 6, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer. Plaintiff was injured through the explosion of an engine

p. 722

or pump at defendant’s plant while he was engaged in his work. The answer, after admitting the jurisdictional allegations and that plaintiff was injured, contains in substance a denial of the other allegations of the complaint and sets up the defenses of contributory negligence, negligence of persons for whose negligence defendant was not responsible and assumed risk.

Nathan L. Miller for appellant.

Ray B. Smith and Carl E. Dorr for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chase, •Collin, Hogan, Caedozo, McLaughlin and Ceane, JJ. Not voting: Hiscock, Oh. J.