New York Court of Appeals

Stacia Cullen, as Administratrix v. Frederick O. Norton, Appellant

March 10, 1891126 N.Y. 1

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the quarry owner (master) is not liable for the employee's death because the negligent act was that of a fellow servant (the foreman). The worker had assumed the inherent risks of blasting work, and the master had fulfilled his duty to provide a reasonably safe place for such work.