Rosenstein v. McCutcheon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McOutcheon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester'on the 16 th day of December, 1911, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 20th day of December, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This action is brought under the Employers’ Liability Act. The servant, an adult who had been in employ for five months as a liftman, was required to clean the machinery of the lift on every Saturday. When cleaning the governor of the machinery above the shaft of the lift, he stood upon a girder that was below the governor, and kept his foothold by clinging with his left arm to an angle iron that was level with his chest. The cables of the lift ran semi-horizontally four or five inches above his shoulder. While thus engaged, and the cables were moving, his left arm was torn from…
2Cases cited10 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Ives v. SargentSupreme Court of the United States · 1887
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
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3Cited by6 opinions
- McDonald v. Acker, Merrall & Condit Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Boyles v. LewisAppellate Division of the Supreme Court of the State of New York · 2013
- Kelly v. DykesAppellate Division of the Supreme Court of the State of New York · 1916
- Boyles v. LewisAppellate Division of the Supreme Court of the State of New York · 2013
- Rosenstein v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1914
1 more not listed; retrieve them via the Exa API.