Hoyt v. J. E. Davis Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the J. E. Davis Manufacturing Company, from an order of the Supreme Court, made at the Cortland Trial Term and entered in the office of the clerk of the county of Cortland on the 30th day of September, 1905, denying the defendant’s. motion, made upon "the minutes, to set aside the verdict of a jury in favor of the plaintiff for $600 and for a new trial of the action.
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Appeal by the defendant, the J. E. Davis Manufacturing Company, from an order of the Supreme Court, made at the Cortland Trial Term and entered in the office of the clerk of the county of Cortland on the 30th day of September, 1905, denying the defendant’s. motion, made upon "the minutes, to set aside the verdict of a jury in favor of the plaintiff for $600 and for a new trial of the action. The plaintiff, while working in the defendant’s factory upon a buzz planer, was injured by his fingers coming in contact with its knives, and brings tliis action to recover, claiming that the injury was…
1Opinion of the Court
Kellogg, J.:
The plaintiff’s case depends almost entirely upon the credit which he is given as a witness, and it is evident that his evidence is not always reliable. It is improbable tl^at the foreman told him there was no -nut for this bolt, for the evidence shows that nuts to lit this bolt, a kind in common use, were in great quantities in different places around the factory to the knowledge of the employees. The witness Tower swore that he had worked in the factory for two or three weeks prior to the accident, and that there was no knifegrinder there. The evidence is very conclusive that…
2Cases cited2 opinions
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Grant v. National Railway Spring Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by11 opinions
- Arnold v. California Portland Cement Co.California Court of Appeal · 1919
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Inland Steel Co. v. GillespieIndiana Supreme Court · 1914
- Holman v. ColeMichigan Supreme Court · 1928
- Rinklin v. AckerAppellate Division of the Supreme Court of the State of New York · 1908
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