106 N.Y.S. 837 | N.Y. App. Div. | 1907
The plaintiff has recovered a judgment under the Employers’ Liability Act. (Laws of 1902, chap. 600.) His version of the casualty is
I think that the exception was well taken.- . The Employers’ Liability Act casts liability on the employer for the negligence of his superintendent only when the negligent act is "in the course of superintendence. (Lowrey v. Huntington Light & Power Co., 121 App. Div. 245 ; Hope v. Scranton & Lehigh Coal Co., 120 id. 595.)
.The act of Hille was not one done in superintendence and'had no relation to lii's-status as superintendent. Hille was engaged at the time in the work, of a fellow-servant, and liis act which caused the casualty was in the detail of'the work of readjusting the belt. (Foster v. International Paper Co., 183 N. Y. 50 ; Lowrey v. Huntington Light & Power Co., supra ; Hope v. Scranton & Lehigh Coal Co., supra ; Meeker v. Remington & Son Co., 53 App. Div. 592, 598 ; Gall v. Beckstein, 173 Ill. 187 ; Scott v. Sweeney, 34 Hun, 292.)
The judgment and order are reversed and a new trial is granted, costs to abide the event.
Woodward, High and Miller, JJ., concurred; Hirschberg, P. J., not voting.
Judgment and order reversed and new trial granted, costs to abide the event.