Pockrass v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Kaplan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of January, 1914, upon the verdict of a jury for $9,996, and also from an order entered in said clerk’s office on the 23d day of January, 1914, denying defendant’s motion for a.new trial made upon the minutes.
1Opinion of the Court
JENKS, P. J.:
This opinion should be read serially with our opinion handed down when we granted the new trial herein (154 App. Div. 707). Upon that trial the defendant again lost the verdict and again appeals. The learned trial court submitted the case to the jury upon two propositions, of which I shall discuss only that which related to the guarding of the saw. The defendant contended that he had provided a guard, but that it was necessary to remove it temporarily when certain work was doing; that his employee Anderson had removed the guard for that purpose a brief time before defendant’s…
2Cases cited8 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Idel v. . MitchellNew York Court of Appeals · 1899
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1893
- City of Denver v. MoewesColorado Court of Appeals · 1900
- Lewis v. HojerNew York Court of Common Pleas · 1891
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