Campbell v. Kertscher & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kertscher & Company, from a judgment of the -Supreme Court in favor of .the plaintiff, entered in the office of the clerk of the county of Chemung on the 10th day of March, 19.10, upon the verdict of a jury for $12,000 (which was reduced by stipulation to $Y,0Q0); also from an order entered in said clerk’s officé On the 1th day Of February, 1911, denying the defendant’s motion for a new trial upon the making of the stipulated reduction in the amount…
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Appeal by the defendant, Kertscher & Company, from a judgment of the -Supreme Court in favor of .the plaintiff, entered in the office of the clerk of the county of Chemung on the 10th day of March, 19.10, upon the verdict of a jury for $12,000 (which was reduced by stipulation to $Y,0Q0); also from an order entered in said clerk’s officé On the 1th day Of February, 1911, denying the defendant’s motion for a new trial upon the making of the stipulated reduction in the amount óf the judgment; also from an order made at the Chemung Special Term and entered in said clerk’s office on the 20th day…
1Opinion of the Court
Houghton, J.:
For some months the plaintiff had been employed by the defendant in running a planing machine in its factory. The machine had a movable table upon which the lumber to be planed rested, and which could be raised or lowered depending upon the thickness of the lumber to be planed. When the machine was set for lumber one inch thick or less, the top of this table was about two and .three-fourths feet from «the floor. The lumber was inserted between the feed rollers, which carried it to and across the planing knives, which were situated some inches, back of the rollers. Between the…
2Cases cited4 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Wynkoop v. Ludlow Valve Manufacturing Co.New York Court of Appeals · 1909
- Walker v. Newton Falls Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Kimmerle v. Carey Printing Co.Appellate Division of the Supreme Court of the State of New York · 1911