Dittman v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Edison Electric Illuminating Company, 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, 1903, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 19th day of January, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff was injured while working in the defendant’s employ in its power house on East Eightieth street in the borough of Manhattan. The complaint alleges that the injury was occasioned by the bursting of an old and unsafe belt which was used in operating one of the dynamos, and the extent of the injury inflicted is limited to the statement that when the belt broke “ a piece thereof flew off and struck plaintiff in the right eye, destroying the sight thereof.”
The plaintiff testified that a triangular piece of the broken belt was lying upon the floor immediately after the…
2Cases cited8 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Malone v. . HathawayNew York Court of Appeals · 1876
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
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3Cited by4 opinions
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- Keefe v. . LeeNew York Court of Appeals · 1909
- Franck v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1911