Schirmer v. Goss
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Action by Thomas Goss, as administrator, etc., against G. Schirmer. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
LACOMBE, Circuit Judge.
The action is for negligence of an employer ; plaintiff’s intestate having been employed in the lithographing plañí of defendant. Deceased, a boy of 18 years, was cleaning one of the presses about 11 a. m. on a Saturday, when the press was started and he was crushed and killed. The pressman, one Seitz, in whose gang deceased was working, had instructed him to clean the machine, and himself started the machine while Goss was obeying his instructions. The action was brought under the New York Liability Act of 1902 (Laws .1902, c. 600), and it was contended at the trial,…
2Cases cited1 opinion
- Canadian Pac. Ry. Co. v. ElliottCourt of Appeals for the Second Circuit · 1905
3Cited by2 opinions
- Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
- Lehigh Valley Coal Co. v. ShandallaCourt of Appeals for the Second Circuit · 1913