Legal Opinion

Kellogg v. New York Edison Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1907PublishedCited by 3 opinions

Appeal by the defendant, the ¡New York Edison Company, from a judgment of "the-Supreme Court in favor of the plaintiff, entered in the office of" the clerk of the county of ¡New York,on the 8th. day of-Juné, 1906, upon the verdict of a jury for $5,000,'and also from an order entered in said clerk’s office on the 22d day of June, 1906, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Houghton, J.:

The plaintiff had been in the employ of the defendant for about a year and during that time had been engaged more or less in holding a hand drill, which work he described himself as competent to do. While engaged in drilling a hole as directed by the foreman, a longer drill than the one he was holding became necessary, and without any direction he went to the tool box provided by the defendant,-and the only drill long enough for the purpose which he found was one “mushroomed” or “burred” at the striking end. After using this drill for a few moments plaintiff and his striker…

2Cases cited3 opinions

  1. Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Vaughn v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by3 opinions

  1. Galle v. DunnAppellate Terms of the Supreme Court of New York · 1911
  2. Gallo v. DunnNew York Supreme Court · 1911
  3. Tobin v. Yonkers Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916

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