Cashmore v. Peerless Motor Car Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Peerless Motor Oar Company of New York, 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 10th day of May, 1912, upon the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 14th day of May, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J,:
This appeal is by the defendant from a judgment in an action brought to recover for negligence. At the time of the accident on October 13, ‘ 1911, plaintiff was employed in defendant’s factory. It is conceded that if the recovery plaintiff has obtained is to be sustained, it must be under subdivision 2 of section 200 of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], as amd. by Laws of 1910, chap. 352).
The jury has found, and there was sufficient evidence to sustain the finding, that, while engaged in the performance of his duties the plaintiff was seriously injured…
2Cases cited4 opinions
- McConnell v. Morse Iron Works & Dry Dock Co.New York Court of Appeals · 1907
- Hart v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Gallagher v. . NewmanNew York Court of Appeals · 1908
- Falk v. HavemeyerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by8 opinions
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
- Sherman v. Mason & Hanger Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Svendsen v. Frank McWilliams, Inc.Appellate Division of the Supreme Court of the State of New York · 1913
- Gilpin v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 1934
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