Kimball v. O'Dell & Eddy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The O’Dell & Eddy Company, from' a judgment of the Supreme Court-in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 3d day of May, 1909, upon the verdict of a jury for $2,246, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes,
1Opinion of the Court
Robson, J.:
Upon the review in this court of a former trial of this action plaintiff’s judgment against defendant was reversed because, as it was then held, plaintiff had failed to establish that his injury was due to defendant’s negligence. (Kimball v. O'Dell & Eddy Co., 131 App. Div. 542.)
Plaintiff was employed by defendant as a fireman, whose duties also included running an engine in its factory. While so engaged the speed of the.engine in his charge suddenly increased to a degree causing the wooden drive wheel or pulley attached to the main shaft' of the engine to burst, and a flying piece…
2Cases cited3 opinions
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Henson v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1909
- Kimball v. O'Dell & Eddy Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
- McIver v. SchwartzSupreme Court of Rhode Island · 1929