Shaw v. Union Bag & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, The Union Bag and Paper Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 4th day of June, 1902, upon the verdict of a jury for $2,000 and also from an order entered in said clerk’s office on the 10th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by tbe defendant, The Union Bag and Paper Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 4th day of June, 1902, upon the verdict of a jury for $2,000 and also from an order entered in said clerk’s office on the 10th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes. Section 81 of chapter 415 of the Laws of 1897, which is referred to in the opinion, provides as follows : “ Protection of employes operating machinery.— The owner or person in charge of a…
1Opinion of the Court
Parker, P. J.:
Whether a cause of action for negligence, as regulated by the common-law rules concerning the relations between master and servant, was made out against this defendant we need, not inquire upon this appeal, for I am of the opinion that the trial court erred in instructing the jury concerning the- “Factory Act,” so called, and its application to this case.. Referring to that act, the trial court stated to the jury that it "provides a law which defines the duties of the employer, so that-where a charge of negligence is made that law may assist a court and á jury in solving the…
2Cases cited2 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Foster v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Indiana Manufacturing Co. v. CoughlinIndiana Court of Appeals · 1917
- Walker v. Newton Falls Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Wittmer v. FairhurstAppellate Division of the Supreme Court of the State of New York · 1909