Nappa v. Erie Railroad

108 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1908-01-22 English

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Majority

p. 1141

NAPPA, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 22, 1908.)

Headnote

Action by Frank Nappa against the Erie Railroad Company.

Judgment and order affirmed, with costs.

KRUSE, J., dissents, upon the ground that the failure to properly secure the skid was a detail of the work, and the insecurity resulting therefrom was not a defect in the ways, works, and machinery, within the meaning of the employer’s liability act.