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Matter of Miles v. Gibbs Hill, Inc.

Court of Appeals of the State of New York
Apr 16, 1929
166 N.E. 335 (N.Y. 1929)
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Summary

In Miles v. Gibbs Hill, Inc., 250 N.Y. 590, 166 N.E. 335 (Ct.App. 1929), affirming 225 A.D. 839, 232 N.Y.S. 818 (1929), a trackman, whose job it was to walk a railroad track, struck a torpedo on the track with a hammer he was carrying, causing an explosion; and recovery was allowed.

Summary of this case from Shapaka v. State Comp. Comm'r
See 3 Summaries

Opinion

Argued March 18, 1929

Decided April 16, 1929

Appeal from the Supreme Court, Appellate Division, Third Department.

William B. Davis and E.C. Sherwood for appellants.

Hamilton Ward, Attorney-General ( E.C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.

Summaries of

Matter of Miles v. Gibbs Hill, Inc.

Court of Appeals of the State of New York
Apr 16, 1929
166 N.E. 335 (N.Y. 1929)

In Miles v. Gibbs Hill, Inc., 250 N.Y. 590, 166 N.E. 335 (Ct.App. 1929), affirming 225 A.D. 839, 232 N.Y.S. 818 (1929), a trackman, whose job it was to walk a railroad track, struck a torpedo on the track with a hammer he was carrying, causing an explosion; and recovery was allowed.

Summary of this case from Shapaka v. State Comp. Comm'r

In Miles v. Gibbs Hill, Inc., 250 N.Y. 590, 166 N.E. 335 (Ct.App. 1929), affirming 225 A.D. 839, 232 N.Y.S. 818 (1929), a trackman, whose job it was to walk a railroad track, struck a torpedo on the track with a hammer he was carrying, causing an explosion; and recovery was allowed.

Summary of this case from Eagle-Picher Company v. McGuire

In Miles v. Gibbs Hill, Inc., 250 N.Y. 590, 166 N.E. 335 (1929), the New York Court of Appeals sustained an award in favor of a trainman who was injured when he struck a torpedo with a hammer he was carrying; and in Pedersen v.Nelson, 267 App. Div. 843, 45 N.Y.S.2d 784 (1944); Franck v. Allen, 270 App. Div. 960, 61 N.Y.S.2d 728 (1946); and Derby v. International Salt Co.,233 App. Div. 15, 251 N.Y.S. 531 (1931), the lower New York courts similarly sustained compensation awards to employees who were injured when they foolishly tampered with objects containing explosives.

Summary of this case from Secor v. Penn Service Garage
Case details for

Matter of Miles v. Gibbs Hill, Inc.

Case Details

Full title:In the Matter of the Claim of WELDON MILES, Respondent, against GIBBS…

Court:Court of Appeals of the State of New York

Date published: Apr 16, 1929

Citations

166 N.E. 335 (N.Y. 1929)
166 N.E. 335

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