Cleary v. R. E. Dietz Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered December 3, 1914, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. .The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent because it purchased and used a press constructed in the manner in. which this press was built. (Harley v. B. C. Mfg.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered December 3, 1914, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. .The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent because it purchased and used a press constructed in the manner in. which this press was built. (Harley v. B. C. Mfg. Co., 142 N. Y. 31; Toye v. United Dressed Beef Co., 141 App. Div. 332; McGrath v. Fibre Conduit Co., 122 App. Div. 424; Healy v. B., etc., R.…
1Opinion of the CourtCrane, J.
The plaintiff had his fingers cut off while working upon a punch press in the defendant’s factory. The machine was a Bliss inclinable punch press No. 21, and was being used to stamp hollow tin tubes about three-quarters of an inch in diameter, parts of lanterns which were being manufactured. The upper die was brought down upon the bedplate by pressing the foot upon a pedal under the press. Unless this pedal was pushed down by the foot, the upper die would not come down.
The plaintiff was hurt on the 6th day of December, 1909, and brought an action against the defendant claim ing that the upper…
2Cases cited6 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Healy v. Buffalo, Rochester & Pittsburgh Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Minsky v. OffenbergAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by7 opinions
- McCormack v. City of New YorkNew York Court of Appeals · 1992
- McCormack v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Schein v. FederCity of New York Municipal Court · 1935
- McCormack v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Tamas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
2 more not listed; retrieve them via the Exa API.