Legal Opinion

Glens Falls Portland Cement Co. v. Travellers' Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1896PublishedCited by 3 opinions

Appeal from trial term, Warren county. Action by the Glens Falls Portland Cement Company against the Travellers’ Insurance Company on a policy of insurance. From a judgment in favor of plaintiff, entered on a verdict directed by the court, both parties consenting to a direction of a verdict, but each requesting it in its favor, and from an order denying a motion on the minutes for a new trial, defendant appeals.

1Opinion of the CourtLandon, J.

Jasmin, an employé of the plaintiff in its cement manufactory, at Glens Falls, N. Y., while oiling the bearings of a revolving shaft, had his clothing caught by an uncovered set screw, five-eighths of an inch in diameter, projecting three-quarters of an inch from the collar of the shaft, and was in consequence whirled violently about the shaft and seriously injured. Jasmin brought an action against the plaintiff, charging, among other things, the plaintiff with negligence in leaving the set screw unguarded, in violation of section 8, c. 673, Laws 1892, amending the “Factory Act,” so called,…

2Cases cited11 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  3. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  4. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  5. Roby v. American Central InsuranceNew York Court of Appeals · 1890

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3Cited by3 opinions

  1. Sargent Manufacturing Co. v. Travelers' InsuranceMichigan Supreme Court · 1911
  2. Hines v. New England Casualty Co.Supreme Court of North Carolina · 1916
  3. Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911

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