Lee v. Sterling Silk Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert E. Lee, from a judgment of the Supreme Court in favor of the defendant,' entered in the office of the clerk of the county of Kings on the 28th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of November, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1DissentGaynor, J.
1. The statute forbids the employment of children under 14 years of age in factories. It follows that a violation of the statute is, in and of itself, sufficient to carry the case to the jury and enable a child so employed to recover of the employer damages for being injured in the work or machinery of the factory. Whether the child’s contributory negligence may be considered by the jury to give a verdict for the defendant is not relevant to this point, and will be considered hereafter. In this case the learned trial Judge refused to charge that the violation of the statute alone was evidence…
2Cases cited3 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Danaher v. American Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908