Marino v. . Lehmaier
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 1J, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 1J, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The violation by the defendant of the'Factory Law in employing the plaintiff, without any other evidence of negligence, is insufficient to support a verdict or a judgment for the plaintiff. (Knisley v. Pratt, 148 N. Y. 372; Graves v. Brewer, 4…
1Opinion of the Court
This action was brought to recover damages for a personal injury.
The defendant was engaged in conducting a printing establishment in the city of New York. The plaintiff was first employed by him as an errand boy. He served in that capacity for the period of about three months and was then set at work in the factory as a feeder of a printing press which he was required to clean every night. On the 15th of September, 1900, while he was engaged in cleaning the press, his fingers were caught between the cog wheels and cut off. The machine was not in motion at the time he commenced to clean it and…
2Cases cited12 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Willy v. . MulledyNew York Court of Appeals · 1879
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- McRickard v. . FlintNew York Court of Appeals · 1889
- Knisley v. . PrattNew York Court of Appeals · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
67 more not listed; retrieve them via the Exa API.