Guilmartin v. . Solvay Process Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, ■ are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 23, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The defendant’s foreman, Michael Mullin, was a person whose sole or principal duty was that of superintendence, and"was exercising superintendence with the knowledge and consent of the defendant, within the meaning of the Employers’…
1Opinion of the Court
Cullen, Ch. J.
This action is brought under the Employers’ Liability Act (Law's 1902, Chap. 600), servant against master, to recover damages for personal injuries. The defendant-was engaged in the manufacture of soda ash and similar products. The plaintiff had been in defendant’s employ for a number of years, and for the last portion of the time his duty was to oil the machinery. At the time of the accident a belt in defendant’s factory, running from the main shaft to a counter shaft, had become so loose as to wind around the pulley on the shaft. The belt seems to have been stronger than the…
2Cases cited5 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- McCosker v. . Long Island Railroad Co.New York Court of Appeals · 1881
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Foster v. . International Paper Co.New York Court of Appeals · 1905
3Cited by24 opinions
- Smith v. . Milliken Brothers, IncorporatedNew York Court of Appeals · 1910
- Droge v. John N. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1908
- La Duke v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
- American Mfg. Co. v. BigelowCourt of Appeals for the Second Circuit · 1911
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