Travelers Insurance v. Peet & Powers

Headnote

Negligence — action by insurance carrier to recover for death of workman through fire in factory caused by negligence of employee of defendant in letting fall ladder so as to strike and break bottle containing chemical solution.

Travelers Ins. Co. v. Peel & Powers, 212 App. Div. 814 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial

department, entered February 16, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. Frederick Christman, an employee of the Oakes Manufacturing Company, a concern engaged in the business of manufacturing dyes, etc., met his death on the 17th day of October, 1916, in a fire which destroyed one of the company’s buildings. He left surviving him a widow and children to whom an award was made for his death pursuant to the provisions of the New York Workmen’s Compensation Law, as the death was accidental and arose out of and in the course of his employment by the Oakes Manufacturing Company. The cause of action for the death of said Frederick Christman was duly assigned to the plaintiff, the insurance carrier, pursuant to the provisions of section 29 of the Workmen’s Compensation Law. It was claimed that the fire was caused through the negligence of a servant of defendant who, while installing electric lighting fixtures in the building, negligently let fall a ladder in such manner that it struck and broke a bottle containing a chemical solution which mixing with other chemicals caused fire.