Appellate Division of the Supreme Court of the State of New York May 5, 1909 (Pepe v. Utica Pipe Foundry Co.)

Kruse, J.:

The plaintiff’s intestate, a workman in the defendant’s employ, was so seriously injured while at his work that he died within a few hours after being hurt.

*459It is contended on the plaintiff’s behalf thát the deceased lost his life through the defendant’s negligence. The grounds of negligence are: (1) The failure to furnish a safe place to the deceased in which to do his work.