Sweeney v. . Berlin and Jones Envelope Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 23, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 23, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff was a printer and embosser in defendant’s employ, and the negligence complained of was the omission to furnish suitable and safe machinery for the work. The material facts are stated in the opinion. The defendant was not required to provide additional…
1Opinion of the CourtDanforth, J.
A motion by defendant for a nonsuit was denied, and the plaintiff had a verdict after instructions to the jury, to which, as the case states, no exception was taken by either party. We have therefore 'only to inquire whether the evidence justified its submission to the jury, as sufficient in any reasonable view to warrant a recovery. (Burke v. Witherbee, 98 N. Y. 562.) The machine by which the plaintiff was injured was moved by steam over which he had no control, but when necessary, its operations could be held in cheek by the pressure of his foot upon a pedal. The process of…
2Cases cited6 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- De Forest v. . JewettNew York Court of Appeals · 1882
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
82 more not listed; retrieve them via the Exa API.