Bicklemeyer v. Lackawanna Steel Co. — 227 N.Y. 565

Majority

p. 565

Frank Bicklemeyer, Appellant, v. Lackawanna Steel Company, Respondent.

Headnote

Bicklemeyer v. Lackawanna Steel Co., 174 App. Div. 902 , affirmed.

(Argued June 2, 1919;

decided July 15, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 566

entered July 17, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action, under the Employers’ Liability Act, to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Plaintiff’s foot was injured by the falling thereon of a heavy iron casting. The complaint was dismissed on the ground that the accident resulted from the acts of fellow-servants for whose negligence defendant was not liable.

W. H. Ticknor for appellant.

Evan Hollister for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cuddeback, Cardozo, Pound, McLaughlin and Andrews, JJ.