Conway v. Naylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Naylor, Jr., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 12th day of April, 1915, upon the verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 23d day of April, 1915, denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, George Naylor, Jr., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 12th day of April, 1915, upon the verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 23d day of April, 1915, denying defendants’ motion for a new trial made upon the minutes. Plaintiff is suing his employers, for whom he had worked eighteen years. Defendants were accustomed to send him out to assemble and set up brick machinery which they manufactured, to be…
1Opinion of the Court
Putnam, J.:
The testimony upon the second trial, from the plaintiff himself, that his attention was so centered on his measuring.that he did not think of the revolving set-screw behind him, does *233not change plaintiff’s rights. His learned counsel, in support of the doctrine of “ momentary forgetfulness,” cites Palmer v. Dearing (93 N. Y. 7, 11), where one was passing down a stairway in a tenement house, and Larsen v. Lackawanna Steel Co. (146 App. Div. 238, 240), a failure to guard set-screws.
But the case at bar is not one for the doctrine that recognizes the tendency of continued routine to…
2Cases cited3 opinions
- Palmer v. . DearingNew York Court of Appeals · 1883
- Brown v. Associated Operating Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Larsen v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1911