Cullen v. National Sheet Metal Roofing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for injiiries alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for injiiries alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. If the existence of the alleged defect, and that it was the direct cause of the accident, were conceded, still there was a total failure on the part of the plaintiff…
1Opinion of the Court
Follett, Ch. J.
When the plaintiff was injured the defendant was engaged in preparing tin plates for roofing. The plates were prepared, in part, by a stamping press which had two dies, an upper and lower one, fourteen inches long and twenty inches wide. The lower die was 'immovable and the upper one movable, having a vertical stroke of about two inches. When the upper die was raised, for the purpose of admitting a plate, it was stopped and held in position by a clutch which was held in place by force supplied by a strong spiral spring, the action of which was controlled by the foot of the…
2Cited by6 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. BrownTexas Supreme Court · 1901
- Johnson v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1893
- Larkin v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Garlichs v. Empire State Building Corp.New York Court of Appeals · 1957
- Garlichs v. Empire State Building Corp.New York Court of Appeals · 1957
1 more not listed; retrieve them via the Exa API.