Koszlowski v. American Locomotive Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Locomotive Company, from a judgment of the County Court of Schenectady county in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 30th day of September, 1903, upon the verdict of a jury for $1,500, and also from an order entered-in said clerk’s office on the 30th day of September, 1903, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the American Locomotive Company, from a judgment of the County Court of Schenectady county in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 30th day of September, 1903, upon the verdict of a jury for $1,500, and also from an order entered-in said clerk’s office on the 30th day of September, 1903, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff was working for the defendant as a common laborer in the “ erecting shop ” of its locomotive works at Schenectady, N". Y. In this room were…
1Opinion of the Court
Parker, P. J.:
In its charge the court substantially instructed the jury, among other things, that as matter of law it was the duty of the defendant to furnish a reasonably safe and proper place for the plaintiff to work in, and instructed them that the important question in the case for them to determine was whether the defendant had done so; that is, “ whether or not the defendant Teept this place where the plaintiff worked reasonably safe and secure from accidents of this sort, and'you are to judge and determine that question.”
Inasmuch as there is no evidence or claim whatever that the shop…
2Cases cited5 opinions
- Hussey v. . CogerNew York Court of Appeals · 1889
- Perry v. . RogersNew York Court of Appeals · 1898
- Byrnes v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Peet v. H. Remington & Son Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Freemont v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Brust v. J. T. Perkins Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Wootton v. Flatbush Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905