Kellogg v. New York Edison Co.
Appellate Division of the Supreme Court of the State of New York
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
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Vaughn v. Glens Falls Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Galle v. DunnAppellate Terms of the Supreme Court of New York · 1911
- Gallo v. DunnNew York Supreme Court · 1911
- Tobin v. Yonkers Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916